Seven months have passed since Abdullah Öcalan’s call for “Democratic Society and Peace” on 27 February. In this period, a commission was formed in Parliament to work towards a democratic solution to the Kurdish question. However, even though the statements of Devlet Bahçeli and President Erdoğan were placed on the agenda, the concrete steps expected by the public were not taken.
Most recently, following the ruling of the European Court of Human Rights (ECtHR) regarding the imprisoned former co-chair of the Peoples’ Democratic Party, Selahattin Demirtaş, Devlet Bahçeli said: “His release would be auspicious.” While this statement created an expectation for a concrete step, various circles also voiced calls for the release of all politicians held in prison.
After the statement, some lawyers emphasised that the imprisoned individuals are being held hostage not for legal reasons but for political reasons, stressing that concrete steps must be taken urgently.
Mehmet Emin Aktar, the lawyer of Selçuk Mızraklı, the former co-mayor of Diyarbakır (Amed) whose release was postponed by the Administrative and Observation Board, spoke to ANF regarding the statements.
Aktar said he believes the renewed debate on the peace process, following the statements of the President, the Minister of Justice and the leader of the Nationalist Movement Party (MHP), is intended to respond to criticism rather than to initiate action.
According to Aktar, while the Kurdish people have taken the steps required for the peace process, there has still been no response from the state side. He stressed that the release of ill prisoners and individuals held in prison for political reasons is one of the most fundamental expectations of this process. Aktar said that the third violation ruling issued by the ECtHR in the application concerning Selahattin Demirtaş has brought the debate on release back onto the agenda.
Aktar said: “A ruling by the ECtHR being implemented would mean sending the message to Europe that ‘we complied with the decision’ and telling the Kurdish side ‘we also took a step’. This would be a positive step for the progress of the process. Kurds are punished because they object to the state’s monolithic domination system. What is being punished here is not actions such as injuring a person or damaging property; it is a democratic objection raised against the domination system.”
The judiciary has been instrumentalised
Aktar said that instead of discussing this objection on a democratic basis, the state has activated its apparatus of force and instrumentalised the judiciary, keeping Kurds under a constant “threat of punishment”. He stated that not only judicial decisions but also the practices of prison administrations are being conducted in violation of the law. Aktar said, “There are many prisoners whose release has been postponed, who are in a similar situation, and even many who are seriously ill. Although reports confirm that they cannot receive treatment under prison conditions, they are not released. This is a serious problem both legally and humanely.”
Boards act with an ideological approach
Aktar also pointed out that many people are unable to benefit from conditional release or supervised release due to the arbitrary decisions of the Administrative and Observation Boards, in addition to the situation of ill prisoners. He said, “These boards act with an ideological approach. A prisoner is kept inside by saying ‘he did not express remorse’. Yet it is unreasonable to expect this from someone who has already been punished because of his political views. This is blatant arbitrariness.”
Legal reform is essential
Aktar stated that in order for the peace process to rest on a lasting legal basis, legal reform is necessary. He said that it is difficult for the state to reverse the prosecutions conducted under the current laws and therefore underlined the need for legal reform that redefines accusations such as “membership of an organisation”. Aktar pointed out the following: “It is difficult to eliminate the sentences imposed by following the same path with the existing legal regulations. The fastest and most effective solution is a legal reform that redefines these types of offences. In this way, courts would re-examine the files, the sentences would be removed and releases would be ensured. Society now wants to see concrete steps in return for this process.”
The way to build hope is through justice and equality
According to Aktar, releases would contribute both to social peace and to public confidence in the state: “As long as these steps are not taken, the concern of ‘are we heading towards a darker period?’ increases in society. The way to rebuild hope lies in justice and equality. There is a clear roadmap in front of the government. According to this, the judgments of the ECtHR must be implemented, ill prisoners must be released, judicial independence must be strengthened, and a new legal framework must be created.”
Mehmet Emin Aktar said: “This is not only a political process, but also a matter of law and conscience. The state must act on the basis of the rule of law. Only then can we speak of a real solution.”