The Council of Europe Committee of Ministers held its quarterly meeting on human rights from September 15 to 17. In September 2024, the Committee had given Turkey one year to implement the “Right to Hope” in the case of Abdullah Öcalan, Hayati Kaytan, Emin Gurban, and Civan Boltan.
At its latest meeting, the Committee adopted a decision pursuant to Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights.
Having regard to the final judgments transmitted by the Court concerning violation of Article 3 of the Convention on account of the applicants’ aggravated life imprisonment – an all-life term with no prospect of release, governed by legislation which does not provide a mechanism that would allow for review of the sentence after a certain minimum term;
Recalling the Committee’s previous decisions adopted at its 1419th and 1507th meetings that the individual measures relating to the above violation are linked to the implementation of general measures which require the adoption of a mechanism that would allow the review of any aggravated life sentence after a certain minimum term with a possibility of release, unless either the requirements of punishment and deterrence have not yet been entirely fulfilled or the person still poses a danger to society;
Recalling that Article 46 of the Convention allows the respondent State to choose the means by which it complies with the Court’s judgments and that the Court has noted that States have a margin of appreciation in matters of criminal justice and sentencing, while at the same time, international law shows a trend for mechanisms providing a review no later than 25 years after imposition of life sentence;
Further recalling the Court’s indications that the violation found in the present cases cannot be understood as requiring that the applicants be given the prospect of imminent release;
Underlining the obligation of every State, under the terms of Article 46, paragraph 1, of the Convention to abide by the final judgments of the Court to which they are a party, fully, effectively and promptly;
EXPRESSED DEEP REGRET that the legislative or other adequate measures required to align Turkish law with the requirements of the Convention as spelled out in these judgments have not been adopted;
EXHORTED the authorities to take the necessary measures without further delay;
ENCOURAGED the authorities to consider exploring various alternatives at their disposal to ensure swift implementation of the judgments in the present group, including but not limited to introducing legislative amendments within the framework of the new Human Rights Action Plan providing for review mechanism for whole life sentences; making use of the “terror-free Türkiye” initiative and the recently established “National Solidarity, Brotherhood and Democracy Commission” which has the mandate to propose legislative amendments to Parliament; or adoption by Parliament of the draft bills on this issue that have already been introduced by members of Parliament;
ENCOURAGED them once again to draw inspiration from the experience of other member States which have put in place such review mechanisms;
INVITED the authorities to provide information on the measures taken to ensure swift progress in the implementation of the present group of cases, by the end of June 2026 at the latest.