Eleonora Scala, a member of the International Independent Legal Mission established to monitor and assess the “Peace and Democratic Society” process led by Abdullah Öcalan, and also a member of the International Bar Association’s Human Rights Institute (IBAHRI), spoke to ANF about the mission’s recent visit to Turkey and shared her assessments of the ongoing process.
Broader segments should be included in the process
Eleonora Scala stated that the main purpose of the mission, which consists of seven lawyers, is to closely monitor the process, emphasizing that the timing of the visit was critical. She said: “We were in Ankara last week. It was a very important and strategic moment to discuss the situation with all relevant stakeholders, because the commission established within Parliament published its final report on February 18.”
Scala also recalled that during the same period Abdullah Öcalan issued a second statement marking the first anniversary of his call to the Kurdistan Workers’ Party (PKK) to lay down arms and dissolve. She said they view the existence of the commission as an important step toward placing the process on a more institutional and transparent foundation.
Scala said: “This is a fundamental step toward the institutionalization of the process. We would like to see broader participation from civil society and more meaningful engagement with different actors. At the same time, we believe that more women should be included in the process.”
There is consensus on Öcalan’s role
Lawyer Eleonora Scala stated that the groups they met with share a strong consensus regarding the role of Abdullah Öcalan in the Disarmament, Demobilization and Reintegration (DDR) process, particularly in relation to disarmament and reintegration. She said: “In our meetings, we observed that there is agreement that Mr. Öcalan, as the leader of the PKK, holds a fundamental importance for the DDR process.”
Scala emphasized that the current conditions should be reviewed so that Öcalan can negotiate with the Turkish government on an equal footing. She said: “If negotiations are to be conducted on equal terms, the conditions of his detention must be reviewed, and he must be able to meet with all relevant parties. We also welcome the emphasis in the report on the implementation of the decisions of the Constitutional Court and the European Court of Human Rights (ECtHR). These include the ‘right to hope’ ruling affecting Öcalan and many other political prisoners serving aggravated life sentences, as well as the decisions concerning Demirtaş and Kavala.” Scala also referred to the situation of political prisoners who are imprisoned for exercising their fundamental rights. She said, “The release of those who are in prison simply for exercising their rights to freedom of expression and freedom of assembly and association would be an extremely important confidence-building step for the progress of the process.”
A broad legal framework must be established
Eleonora Scala stated that a comprehensive legal framework is necessary for the DDR process to move forward. She said: “A framework that provides legal and security guarantees for members of the PKK is needed. At the same time, it is very clear, and we welcome the fact that the report also emphasizes this, that the DDR process must progress simultaneously with a democratization process that strengthens the rule of law across the country and increases public trust in Turkey’s democratic institutions.”
Scala added that they recommend a gradual approach to the process. She said: “Some concrete steps can be taken before moving toward broader constitutional or legal changes. For example, within this framework, Kurdish mayors who were removed from office and replaced by trustees could be reinstated. We see this process as a historic opportunity for Turkey to move toward a stronger rule of law and greater respect for human rights.”
The international community can play a role
Lawyer Eleonora Scala said the international community should take a more active role in the process. She said: “The international community should firmly stand behind this process. It can act as a guarantor or mediator, provide technical support in the DDR process, or contribute within the frameworks of the Council of Europe and the Venice Commission. There is much that can be done.”
The right to hope ruling must be implemented
Italian lawyer Eleonora Scala also referred to the “right to hope” ruling of the ECtHR and the Committee of Ministers of the Council of Europe, recalling that prisoners sentenced to life imprisonment have the right to request a review of their situation after at least 25 years. Noting that Abdullah Öcalan has been imprisoned for more than 25 years, Scala said: “For this reason, implementing the right to hope ruling requires a review of his detention conditions and the evaluation of the possibility of conditional release.”
Scala also pointed to disparities in conditional release practices and said: “While the conditional release rate in ordinary criminal cases is around 90 percent, in politically related cases it drops to between 20 and 50 percent. These figures indicate a discriminatory practice.”
She also recalled that in September last year the Committee of Ministers of the Council of Europe adopted a decision calling for the rapid implementation of the ECtHR rulings and the right to hope of decision. She said: “We want to see progress on this issue. We call on the international community to take an active role, both in multilateral and bilateral platforms, to advance the process together with the Turkish government.”
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