The Committee of Ministers of the Council of Europe will begin a session on 15 September regarding whether the “right to hope” of Abdullah Öcalan, Emin Gurban, Civan Boltan, and Hayati Kaytan is being recognized.
Raziye Öztürk, of the Asrın Law Office and also one of Öcalan’s lawyers, answered our questions about Turkey’s obligations as a member of the Council of Europe and its non-implementation of European Court of Human Rights (ECHR) rulings.
She emphasized that Turkey, particularly in Öcalan’s case, has failed to meet its commitments to human rights and the rule of law.
Failed practice on Turkey’s part
Öztürk noted that Turkey’s membership as a founding state of the Council of Europe came with international commitments to uphold human rights and the rule of law. She said Turkey has failed in this regard, both from its own side and from the Committee of Ministers’ side.
Life imprisonment without parole violates Council of Europe standards
Öztürk explained that Turkey’s refusal to implement ECHR rulings first became apparent in Öcalan’s case. His death sentence was converted to aggravated life imprisonment, which under later legal changes removed the possibility of release, especially for political prisoners. She said this was incompatible with Council of Europe standards.
Turkey is ignoring the rulings
She stressed that the ECHR’s “right to hope” judgment was supposed to guide Turkey toward reforms. The Court ruled that no one can be kept in prison until death without hope of release, and that a review mechanism must exist after at most 25 years. CPT reports also criticized Öcalan’s conditions, saying they violated human rights.
The Committee of Ministers’ attitude was political
Öztürk pointed out that although the ECHR ruling came in 2014, the Committee of Ministers did not address it for seven years, which in itself amounted to allowing torture. She said the Committee acted under political influence and failed to enforce its own standards.
If the ECHR ruling had been implemented, the situation would be different”
She highlighted that Öcalan has already served more than 25 years, yet no review mechanism has been put in place. Given his role and contributions to peace, she argued that his physical freedom should already have been granted.
Öcalan is a key interlocutor
Öztürk emphasized that Öcalan is a key interlocutor for democratization and peace in Turkey. For these processes to move forward effectively, she said he must be physically free, able to communicate with his counterparts and participate in dialogue.
She criticized Turkey’s so-called action plans to the ECHR as containing no real measures, calling them a form of denial. She said Kurds and all peace advocates are demanding both the implementation of law and the release of their political leader.
Discriminatory laws must be removed for democratization
Öztürk stressed that eliminating discriminatory laws and complying with ECHR rulings are essential steps toward democratic integration. She noted that proposals from the DEM Party and legal experts to amend these laws could easily be voted on in parliament.
Council of Europe needs structural reform
Finally, she argued that the long non-implementation of ECHR rulings also represents a crisis for the Council of Europe. The Committee of Ministers must undergo reforms to overcome its ineffectiveness. She added that Turkey should approach this not as a sanction but as cooperation with the Council, which would strengthen, not weaken, the country.