Hüseyin Küçükbalaban, the co-chair of the Human Rights Association (IHD), told ANF that the European Council of Ministers confirmed that the ECHR rulings related to the “right to hope” must be implemented more quickly and effectively. He emphasized that both civil society organizations and human rights groups have a responsibility and stressed the importance of ensuring concrete steps are taken within nine months.
Küçükbalaban argued that the latest decision of the European Council of Ministers is important and said: “One of the confirmed points is that ECHR decisions must be implemented rapidly and effectively. This includes both the decision regarding Selahattin Demirtaş and the cases we refer to as the ‘Gurban file,’ which covers Kaytan, Boltan, Gurban, and Abdullah Öcalan. These cases are reiterated in the first article. The fact that they have been referred to the National Unity, Solidarity, Brotherhood, and Democracy Commission for rapid and effective implementation can be interpreted as follows: presumably, the Ministry of Justice or other state officials held a meeting with the Council of Ministers. In that meeting, likely, the solution process was discussed, and a stance was presented that the Commission would make certain legal changes. Therefore, the Council of Ministers emphasized this. As part of this process, a focus has been placed on the Commission carrying out its work.”
Effective and alternative mechanisms
Küçükbalaban highlighted that it is also very important that the Council of Ministers emphasized the need to evaluate the situation of someone who has spent 25 years in prison through effective and alternative mechanisms. He said: “Because of the ‘right to hope’ that Turkey must implement, no other decision has been made beyond the still-valid ECHR ruling. Under Article 3 of the European Convention on Human Rights, which prohibits torture, it is recommended that the decisions regarding Öcalan, Boltan, Kaytan, and Gurban be implemented quickly and effectively.”
Responsibilities of civil society
Küçükbalaban noted that the Ministry of Justice is likely to prepare a new judicial strategy document or human rights action plan and added: “There has been some emphasis on this as well. From what we can read, these issues are expected to be included in the new action plan. This nine-month period is important. At the same time, civil society organizations must, within this period, immediately bring the Ministry of Justice’s and government’s work to attention, especially regarding human rights issues and ECHR decisions. We emphasize that both civil society and human rights organizations have a responsibility. Concrete steps must be taken within these nine months. The progress report is due by the end of June 2026; currently, there is no enforcement procedure in place. Perhaps it can be considered a political decision. There are promises; whether they will be fulfilled remains to be seen.”
Decisions are connected to the Kurdish question
Küçükbalaban also pointed out that the ECHR ruling concerning four individuals is closely related to the Kurdish issue: “Because it is a fact that Abdullah Öcalan was sentenced to aggravated life imprisonment due to the Kurdish question. Therefore, emphasizing the solution process in these cases shows that the Commission must take an active role. Essentially, it highlights that the matter of aggravated life imprisonment is directly linked to the Kurdish issue. This underlines what we have long pointed out, showing how hollow the claims of the judiciary, the Ministry of Justice, and state officials in Turkey, saying ‘we are acting lawfully’, really are, and how valid the emphasis of human rights organizations is.”
The Commission faces an important task
Küçükbalaban noted that society has high expectations of the parliamentary commission regarding this process and added: “Based on the grievances stemming from the Kurdish issue, we have expressed our view that the Commission must act courageously. This has been reaffirmed through the ECHR ruling and the Council of Ministers’ assessment of Turkey. Therefore, we can say that the Commission faces an important responsibility to make bolder decisions that will positively affect the human rights environment and to enact legal changes.”