ISTANBUL — Ahead of the Council of Europe’s Committee of Ministers meeting in September, Nagehan Avçil from the Lawyers for Freedom Association (ÖHD) announced they will submit a new notification regarding the “right to hope,” emphasizing that this right contributes not only legally but also to the democratic societal process.
The European Court of Human Rights (ECHR) ruled on March 18, 2014, that the aggravated life sentence imposed on Kurdish People’s Leader Abdullah Öcalan without conditional release rights violates the European Convention on Human Rights. The ECHR called on Turkey to make the necessary legal reforms. However, 11 years later, no action has been taken regarding this violation.
The Committee of Ministers, responsible for supervising ECHR rulings, revisited the violation in their September 17-19, 2024 meeting, urging Turkey to take immediate measures. The Committee warned that failure to act might lead to an interim decision at the September 2025 session.
Despite the approaching September deadline, Turkey submitted a new “action plan” reiterating Öcalan’s exclusion from the “right to hope.”
Several human rights organizations, including Asrın Law Office, ÖHD, Human Rights Association (İHD), Turkey Human Rights Foundation (TİHV), Contemporary Lawyers Association (ÇHD), Civil Society in Penal Execution System Association (CİSST), and Society and Law Research Foundation (TOHAV), are preparing a new notification to the Committee of Ministers.
‘RIGHT TO HOPE WILL SUPPORT THE PROCESS’
Nagehan Avçil highlighted the ongoing “Peace and Democratic Society Process” and stressed the need to improve Öcalan’s conditions. “For this historic process to proceed healthily, legal regulations ensuring the ‘right to hope’ and physical freedom of Mr. Öcalan must be enacted,” she said.
Referring to the ECHR violation, Nagehan Avçil noted that Articles 47 of the Turkish Penal Code and Articles 25 and 107/16 of the Law on the Execution of Sentences and Security Measures are the sources of the violation. “No legislative amendments have yet been made to remove the violation’s consequences. New laws would also enable political prisoners sentenced to aggravated life imprisonment to benefit from the ‘right to hope.’ This right contributes not only legally but politically to the democratic societal process,” she added.
‘WE SUPPORT THE PROCESS’
Nagehan Avçil drew attention to the fact that the “right to hope” ruling has not been implemented for 11 years and stated that their work toward implementation continues. She said the Committee of Ministers will address the “right to hope” at the September meeting and that they will submit a new notification beforehand.
“Paradigm of Mr Abdullah Ocalan is not only a model for Turkey and Kurdistan but also a pioneer for regional peace and democratic society. Ensuring the legal arrangements and guarantees for the process to proceed healthily is of historic importance. In a region dominated by war, all democratic public opinion’s contribution to this historic peace process is crucial. We at OHD embrace this process and stand firmly beside it with all forms of support,” she concluded.
She also said: “For a long time, we have emphasized on every platform that Mr. Öcalan’s voice reaching society would ensure social peace and consensus. His ‘Peace and Democratic Society’ call on February 27 was historic. This call, significant regionally and globally, is a major step toward building a democratic society. On July 9, after 26 years, Mr. Öcalan’s voice and image reaching society was met with great enthusiasm. His ‘Democratic Society Manifesto’ shared in his latest message will also guide the construction of a democratic society.”
MA / Omer Ibrahimoglu