The Council of Europe Committee of Ministers (CoM) will take up the “right to hope” that should be granted to Abdullah Öcalan between September 15-17. At its June 12 meeting, the Committee added this issue to the September agenda under the title “Gurban Group.” Within this scope, the Committee will evaluate whether Turkey has fulfilled its obligations regarding the “right to hope” for Abdullah Öcalan, Emin Gurban, Civan Boltan, and Hayati Kaytan.
Speaking to ANF about the “right to hope” that the Committee will discuss, Association of Lawyers for Freedom (ÖHD) Amed Branch co-chair Zeynep Karayılan explained that the right to hope is a concept affirming that no human being should be imprisoned for life without the possibility of release and must always have a chance of freedom one day. She said: “The right to hope is a right developed as a result of the European Court of Human Rights (ECHR) rulings. Between 2001 and 2008, the ECHR ruled against various states, stating that enforcing aggravated life imprisonment until death has no place in today’s conditions, and that every person should have the hope of release. It ruled that states failing to legislate on this issue violated Article 3 of the European Convention on Human Rights, which prohibits torture.”
Karayılan added: “As a result of these rulings, the right to hope was established. In this context, in 2014, the Court ruled against Turkey regarding Mr. Öcalan. As you know, Mr. Öcalan was sentenced to death in 1999. Following legal amendments in 2002, his sentence was commuted to aggravated life imprisonment.
After an application filed by Mr. Öcalan’s lawyers, in 2014 the Court ruled against Turkey, stating that it must enact legislation. However, for 11 years Turkey has not implemented this ruling, and the Council of Europe’s Committee of Ministers, which oversees ECHR judgments, has also remained inactive for 10 years.
Following persistent appeals from rights and legal organizations, the Committee was forced last year to put it on its agenda and gave Turkey until this September to make the necessary changes. But in its action plan, Turkey declared it would not implement the right to hope.”
Turkey insists on denying the right to hope
Lawyer Karayılan stressed that Turkey is determined not to recognize the right to hope: “The reasons are clear. Because Mr. Öcalan represents the Kurdish people, thousands of political prisoners, and guerrillas fighting for freedom. Any change regarding Mr. Öcalan would inevitably affect the Kurdish people. Both the state and those in power are aware of this. For this reason, both the state and hegemonic powers are enabling the persistence of the deadlock in the Kurdish question.”
Necessary sanctions must be applied
Pointing out that Turkey may face various sanctions if it does not implement the right to hope, Karayılan said: “The first step would be the initiation of the infringement procedure. The Committee of Ministers would refer the case back to the ECHR and request implementation of the infringement procedure. There could also be political sanctions; Turkey’s voting rights in the Council of Europe could be suspended. Additionally, there could be diplomatic pressure and loss of credibility. Council of Europe member states could declare that Turkey is not upholding the rule of law, which would cause serious problems in Turkey’s relations with the European Union, financial funds, and diplomatic negotiations.
The most severe sanction would be suspending or even terminating Turkey’s membership in the Council of Europe. Yes, when it comes to Mr. Abdullah Öcalan, both national and international bodies’ stances are clear. We say that the Committee has remained inactive for 10 years. The Committee must free itself from political pressures and circumstances and apply the law against Turkey. We hope that at the September 15-16 meeting, a decision will be made that compels Turkey to act.”
Mr. Öcalan’s physical freedom must be ensured
Highlighting the importance of recognizing the right to hope immediately for progress in the process, Zeynep Karayılan said: “On February 27, Mr. Öcalan made a historic call. After this call, the PKK declared a unilateral ceasefire. Later, it decided to end armed struggle and dissolve. Once again, Mr. Öcalan made a historic call. Following this, under Besê Hozat’s leadership, 30 armed guerrillas laid down their weapons. These were unilateral steps taken by Mr. Öcalan. Now it is the state’s turn to take action.
Mr. Öcalan has assumed serious responsibility, and the PKK responded sincerely. On the state’s side, a commission was established in parliament and listened to many groups. However, the commission’s slow and cumbersome pace, spreading the process out over time, raises serious concerns. Steps must be mutual. The right to hope, integration, legal reforms, and opening the way for democratic politics can only materialize through legislation.
In this context, although Mr. Öcalan has stated he does not demand his physical freedom, as lawyers we must voice this demand. The first step must be implementing the right to hope for Abdullah Öcalan, which has been unfulfilled for over 11 years. At this stage, conditions for Mr. Abdullah Öcalan’s freedom must be created, given his crucial role in this process.”