The Association for Democracy and International Law (MAF-DAD), along with international partners, has called on members of the Parliamentary Assembly of the Council of Europe (PACE) and the Committee of Ministers to ensure Turkey complies with the European Court of Human Rights (ECtHR) rulings on the ‘Right to Hope.’
In letters sent to Council of Europe members, MAF-DAD reminded that “aggravated life sentences in Turkey, particularly for those convicted under terrorism laws, categorically exclude conditional release, violating Article 3 of the European Convention on Human Rights (prohibition of torture and ill-treatment).”
The ECtHR, in Öcalan (No. 2) v. Turkey (2014) and related cases (Kaytan, Gurban, Boltan), found Turkey’s laws incompatible with the right to hope, which requires that sentences be reviewable, release be possible after a set period, procedural safeguards be provided, and detention conditions support reintegration.
MAF-DAD wrote that “despite repeated calls since 2015, Turkey has failed to amend its laws or provide transparent data. Both the ECtHR and the UN Committee Against Torture have recognized this as a clear violation.”
MAF-DAD and the other organizations urge the Committee of Ministers to:
“- Demand transparent statistics on aggravated life prisoners in Turkey,
– Repeal provisions banning conditional release,
– Intensify monitoring of the Öcalan, Kaytan, Gurban, and Boltan judgments,
– Adopt strong interim measures if no progress is made.”
On 21 July 2025, MAF-DAD, the Turkey Human Rights Litigation Support Project (TLSP), the European Association of Lawyers for Democracy and World Human Rights (ELDH), and the London Legal Group (LLG) jointly submitted a formal Rule 9.2 communication to the Committee of Ministers, urging urgent action.
Recommendations
The letters listed a number of recommendations:
“- Turkey must carry out the necessary legal and institutional reforms to ensure that all life sentences are legally and practically reducible in accordance with Article 3 of the Convention.
– An independent review mechanism, subject to judicial oversight and free from political influence, must be established and applied without discrimination to all life-sentenced prisoners.
– The first review should take place no later than 25 years after sentencing, followed by periodic reviews at reasonable intervals.
– The mechanism must include strong procedural safeguards such as access to legal assistance, the right to be heard, access to documents, and the ability to appeal negative decisions.
– The prison regime should be organized in a way that supports prisoners’ personal development and reintegration into society.
– The rules should apply universally to all prisoners, including those convicted under the Penal Code for security and constitutional order offenses and under the Anti-Terror Law (TMK), and categorical bans on conditional release must be abolished.
– Turkey must provide the Committee of Ministers with transparent and comprehensive statistical data on the number of persons sentenced to aggravated life imprisonment, those currently being prosecuted under this regime, and their distribution over the years.
– Implementation of the Öcalan (No. 2), Kaytan, Gurban, and Boltan judgments must be monitored regularly and frequently; if no progress is achieved, effective interim resolutions should be considered.
– The reform process must be carried out with the active participation of bar associations, civil society organizations, and independent experts, and it must be transparent and accountable.”
The letters added: “It must not be forgotten that the “Right to Hope” is not only an individual issue, but also a shared obligation to protect human dignity, which lies at the core of the European Convention on Human Rights system. For Turkey to fulfill its obligations in this regard is an urgent necessity, both for its domestic legal order and for the international human rights regime.
Therefore, as PACE members, we call on you to exercise your authority under Rule 61 of the Rules of Procedure to submit written questions to the Committee of Ministers of the Council of Europe and its Deputy Chair, and to actively monitor this matter.”