The long-debated issue of the “right to hope” continues to rank high on the political agenda. In recent days, Nationalist Movement Party (MHP) Deputy Chair Feti Yıldız announced that consensus had been reached within the “National Solidarity, Brotherhood and Democracy Commission” established in parliament regarding the “right to hope,” following a meeting of the commission.
The implementation of the “right to hope” carries major significance for debates on democratisation and peace.
Mehdi Özdemir spoke to ANF about the “right to hope” and said: “The right to hope, when examined through judicial practice in Turkey, is linked to the way in which a process is constructed that results in a person being sentenced to extremely severe prison terms due to unlawful practices within the criminal justice system and penal adjudication itself. The fact that any person sentenced to aggravated life imprisonment can be kept in prison for life on the basis of a single court decision reveals that the right to hope is violated within the scope of the prohibition of torture and inhuman or degrading treatment.”
He continued: “With regard to Abdullah Öcalan, a similar judicial practice led to a decision that has been enforced for twenty-seven years, and this enforcement process itself includes severe isolation. The right to hope is, in essence, a violation ruling by the European Court of Human Rights (ECtHR) that must be implemented, both in relation to Mr. Öcalan and to the other three applicants. This violation ruling is currently under the supervision of the Committee of Ministers of the Council of Europe.”
In terms of the Peace and Democratic Society process, Özdemir added: “Given that Mr. Öcalan is both a direct party to this process and its chief negotiator, the severe conditions of isolation must be lifted within the scope of the right to hope, and conditions must be improved in order to ensure his physical freedom and security.”
ECtHR rulings must be implemented
Özdemir said that the rulings of the ECtHR must be implemented and continued: “The conditions must be created for the violation ruling issued by the ECtHR in the case of Mr. Öcalan to be implemented in Turkey. When the Peace and Democratic Society process in Turkey is considered, the Kurdish issue must be placed on a legal footing. The construction of this legal framework can only be achieved by fulfilling a number of legal requirements.
This can, of course, be made possible through constitutional citizenship, equal citizenship, guaranteeing the right to learn Kurdish, and the implementation of many legal and constitutional amendments.”
Anti-terror law must be amended
Özdemir also said: “The right to hope requires comprehensive amendments to the Anti-Terror Law, the Law on the Execution of Sentences, and regulations governing the enforcement of penalties, which could remove the obstacle that allows a person to remain in prison for life on the basis of a single conviction. In this sense, legal and constitutional amendments must be made, and the rulings of the ECtHR must be implemented.
Judicial practice in Turkey, in fact, encompasses a visible sentence and an invisible system of execution. When this invisible system of execution is examined, it clearly shows why the right to hope is violated. Ultimately, the process of enforcing the sentence involves severe isolation. Looking at the harsh conditions of isolation that have continued for approximately twenty-seven years at Imralı Prison in the case of Mr. Öcalan also shows why the right to hope has not been implemented.”
Mr. Öcalan’s freedom would contribute to the process
Mehdi Özdemir said that the implementation of the right to hope would make a serious contribution to resolving the Kurdish issue and added: “Recognising the right to hope and securing it as a legal guarantee through legal and constitutional amendments would represent a gain for every individual who has been unjustly sentenced to heavy prison terms, foremost among them Mr. Öcalan. From the perspective of Mr. Öcalan, ensuring his physical freedom would, in fact, make a significant contribution to resolving the Kurdish issue.”
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