The European Court of Human Rights (ECtHR) ruled that the imposition of aggravated life imprisonment without the possibility of release on PKK Leader Abdullah Öcalan violates the "prohibiton of torture and ill-treatment" set out in Article 3 of the European Convention on Human Rights (ECHR) and thus violates the "right to hope". Although 10 years have passed since the ECtHR's 2014 ruling, which asked Turkey to make the necessary legal arrangements for the implementation of the judgements, Turkey has not yet taken any steps in this regard. 

 

Turkish Nationalist Movement Party (MHP) Chair Devlet Bahçeli's suggestin of some conditions for he impelementation of the judgement has once again demonstrated that the law is used as a tool of "political blackmail" in Turkey. Lawyer Azad Akbulut, evaluating the right to hope judgement, which received wide publicity in Turkey with Bahçeli's statemenets, underlined that Turkey is obliged to comply with ECtHR, to which it is a party. He pointed out that legal amendments are necessary for the implementation of the judgement. 

 

Lawyer Azad Akbulut 

 

'TMK MUST BE AMENDED IMMEDIATELY'

 

Pointing out that the Anti-Terror Law (TMK) and the Law on the Execution of Sentences must be amended in order to implement the right to hope, Akbulut said: "The Constitution guarantees that international law texts to which Turkey is a party shall prevail in case of conflict with national law. Turkey must abide by the judgements of the ECtHR."

 

Pointing to the ECtHR's judgement on Abdullah Öcalan, The procedure to be implemented after the judgement of violation must be immediately amended in the Law on Execution of Sentences and the Anti-Terror Law in order to remove obstacles to the right to hope. 

 

Akbulut reminded that the death sentence given to PKK Leader Abdullah Öcalan was changed to aggravated life imprisonment after the abolition of the death penalty with the amendments made to the constitution in 2011 and the Penal Code in 2022. Stressed that the amendments were made within the framework of the European Union harmonisation acquis, Akbulut said: "Turkey had to comply with the Additional 6 Protocol of the ECtHR. This protocol states that the death penaly cannot be applied in a state of peace."

 

Akbulut stated that there was no hesitation in complying with the ECtHR judgements, but the judgements were not fulfilled for a long time due to the inadequacy of the Council of Europe in implementing sanctions. Akbulut reminded that there are 4 judgements of the ECtHR convcting Turkey on the prohibition of torture and the right to hope and stated that the failure to implement these judgements and to remedy the violations of rights shows the bankruptcy of the liberal understanding of law. 

 

'SANCTIONS MUST BE IMPOSED ON TURKEY'

 

Reminding that the non-implementation of the right to hope decision is on the agenda of the Committee of Ministers of the Council of Europe and that Turkey has been given until 2025 to make the necessary arrangements, Akbulut stated that if the problem is not resolved, the situation may result in sanctions. Akbulut said that these sanctions could include options such as political exclusion, economic embargo and even expulsion from the Council of Europe. Akbulut stated that international law is shaped by human rights and the balance of power between states, but thaat human rights cannot be the subject of discussion and emphasized that there must be no exception to the prohibition of torture. 

 

Stating that the non-application of the right to hope is contrary to the prohibition of torture and ill-treatment and the principle of equality, Akbulut continued as follows: "This situation constitutes a serious violation of the principle of equality in execution. I think that changes in the execution system in Turkey based on human rights and the principle of equality are mandatory. I would also like to emphasise that there is an attempt to create lawlessness in prisons, and that isolation practices and impunity policies, which have become widespread with the Administration and Observation Boards (İGK), constitute a problem. As lawyers, we believe that law and human rights must be respected in order to ensure social peace."

 

MA / Mehmet Güleş