RIHA – Yasin Aktaş, Co-chair of the Riha (Urfa) Branch of the Lawyers for Freedom Association (ÖHD), stated that there is no need for a legal amendment to implement the “right to hope” for Abdullah Öcalan, emphasizing: “We are a party to the European Convention on Human Rights. If the Convention is respected, the ‘right to hope’ can be applied.”
Despite the European Court of Human Rights (ECHR) ruling in 2014 that Turkey had violated Abdullah Öcalan’s “right to hope,” no action has been taken by Turkey in the past 11 years. The Council of Europe’s Committee of Ministers, in its interim decision between 15-17 September, urged Turkey to enact legislation, pointing to the National Solidarity, Brotherhood, and Democracy Commission established in the Turkish Parliament.
Aktaş highlighted the binding nature of the ECHR decision and the human rights violations caused by the aggravated life imprisonment regime. He stressed that Turkey must fulfill its long-overdue obligations regarding Abdullah Öcalan.
Recalling that Öcalan’s lawyers applied to the ECHR in 2003, arguing that the aggravated life sentence regime violated the prohibition of torture and ill-treatment, Aktaş noted that the Court ruled on 18 March 2014 that Öcalan’s “right to hope” had been violated. He emphasized that Turkey is obligated to implement this ruling and pointed out that the Turkish Constitution allows for the application of international treaties to which Turkey is a party. Aktaş noted that the 2014 decision regarding Öcalan has not been implemented for nearly 12 years and argued that Turkey should enact new regulations not only for Öcalan but for all prisoners.
‘NO CLEAR STANCE’
Aktaş also criticized the Council of Europe’s Committee of Ministers for repeatedly raising the issue without taking a clear stance, saying that merely offering recommendations contradicts law and the Convention. “The necessary steps, especially under the aggravated life sentence, involve reforming the enforcement regime,” he said.
‘HE IS A KEY FIGURE IN THE PROCESS’
Stressing that reviewing the aggravated life sentence regime is essential for human rights, Aktaş called on the public to exert pressure on this issue. He said: “This is not merely a political matter; it is an issue that all people should respond to. Today, a person still faces the possibility of receiving an aggravated life sentence. Keeping someone imprisoned for life destroys their hopes.”
Aktaş emphasized that despite the harsh conditions, Öcalan remains hopeful and continues to fight for the process: “Mr. Öcalan may be physically in prison, but he is mentally free. With his ideas and proposals, he is a key figure who can guide the process in the Middle East.”
‘IF THE CURRENT LAW IS APPLIED, THE RIGHT TO HOPE CAN BE REALIZED’
Referring to Öcalan’s Peace and Democratic Society Call on 27 February, Aktaş stated that Turkey has entered a new era and that Öcalan is the main negotiator of this process. He stressed the need for legal measures so Öcalan can freely share his ideas with Parliament and the public.
Aktaş added: “Mr. Öcalan has significant influence on the public; his calls will have a much greater impact. This will positively contribute to the Peace and Democratic Society Process. Implementing legal regulations is not difficult; it could be done in a day. In fact, there is no need for new legislation. Under the current law, since we are a party to the European Convention on Human Rights, if the Convention is respected, the ‘right to hope’ can also be applied under its framework.”
MA / Melik Varol