In 2014, the European Court of Human Rights (ECHR) ruled that the aggravated life sentence given to Abdullah Öcalan violated the “right to hope” and called on Turkey to make legal reforms. Eleven years on, no steps have been taken, and the case was referred to the Committee of Ministers. The Committee gave Turkey until September 2025; with the deadline expired, an “interim resolution” is expected at the meeting starting today and ending on Wednesday 17.
A necessity for social peace
Commenting on the lack of progress, Özdemir said that applying the right to hope is “crucial” both legally and for social peace, adding: “The right to hope, especially in the case of Abdullah Öcalan, emerges as a necessity from a legal, political, and social peace perspective.”
He stressed that prisoners serving aggravated life sentences are condemned to spend their entire lives behind bars by a single court ruling, which contradicts the prohibition of torture and inhuman treatment, and underlined the urgent need for legal reforms.
ECHR rulings must be enforced domestically
Özdemir pointed out the binding nature of international treaties signed by Turkey, noting that ECHR rulings must be applied without delay: “Article 46 of the European Convention on Human Rights establishes the binding nature of ECHR rulings. Article 90 of the Turkish Constitution also states that international treaties are binding in domestic law. Therefore, as a state that has recognized the jurisdiction of the ECHR, Turkey must immediately implement these rulings domestically.”
He said amendments are required to Article 17 of the Anti-Terror Law and Articles 107 and 108 of the Enforcement Law, stressing: “Without legal reform, the ECHR violation ruling cannot be enforced,” citing as an example the ruling of Diyarbakır’s 7th High Criminal Court in the Civan Boltan case.
The Committee of Ministers may move toward sanctions
Özdemir noted that the Committee of Ministers has refrained from exerting pressure for almost ten years to ensure compliance with the ruling and warned that Turkey’s continued failure to submit an action plan on the right to hope is risky: “The Committee of Ministers may soon initiate a sanction process. For Turkey, failing to comply with rulings on the right to hope at a time when these procedures are about to be concluded could have serious diplomatic consequences.”
The right to hope applies to 4,000 prisoners
Özdemir stressed that the right to hope must apply not only to Abdullah Öcalan but also to more than 4,000 other prisoners in Turkey serving aggravated life sentences: “When we look at the Kurdish issue, injustice is evident; from the Independence Tribunals to the State Security Courts, martial law courts, special-authority courts, and now specialized courts, people have received heavy prison sentences through arbitrary judicial practices. Recognizing this right would allow past convictions to be reassessed. This could lead to shorter sentences or acquittals for many prisoners whose fundamental rights were violated, and would make conditional release possible.”
Both a legal necessity and a contribution to social peace
Özdemir noted that ensuring the right to hope is also vital for ending conditions of isolation in prisons: “Taking these steps would place Turkey in a more positive position internationally. Moreover, crimes such as membership in an organization, aiding an organization, insulting the president, and insulting state institutions under the Anti-Terror Law, the Enforcement Law, and the Turkish Penal Code must be reassessed in the context of the right to hope.”
Legal reform is needed
Lawyer Özdemir concluded: “These provisions lack predictability and do not meet the principle of legal certainty. As a result, they have led to heavy prison sentences and convictions imposed on Kurds from past to present. If we want a peaceful resolution of the Kurdish issue, reforms aligned with ECHR violation rulings that safeguard fundamental rights must be enacted. Rights guaranteed in this way will no longer be subject to judicial threats.”