The European Court of Human Rights found the aggravated life sentence given to PKK leader Abdullah Öcalan in 2014 without the possibility of release to be in violation of Article 3 of the European Convention on Human Rights, which prohibits torture. Although 10 years have passed since the Court's “violation” ruling, no steps have yet been taken regarding Abdullah Öcalan's “right to hope”. 

 

The Committee of Ministers of the Council of Europe, which oversees the implementation of the Court's judgments, warned Turkey at its last meeting on September 17-19 to take the necessary measures without delay, otherwise an interim resolution will be prepared for the September 2025 meeting. 

 

Turkish Nationalist Movement Party (MHP) Chair Devlet Bahçeli conditioned Abdullah Öcalan's “right to hope” with his remarks in the Parliament. Bahçeli stipulated the “liquidation of the organization” as a condition for the “right to hope” that the Committee of Ministers of the Council of Europe has said “take the necessary measures”. 

 

'FAILURE TO FULFILL THE DECISION IS MURDER OF LAW'

 

Commenting on the issue, lawyer Yaşar Kaya emphasized that the "right to hope" is a right that cannot be postponed. "The main purpose her is to prevent a person from being imprisoned for life. After all, it is a right based on human rights. Although there is no written regulation in most countries, Court states that a person cannot be imprisoned for life," he said. 

 

 

Pointing out that they have been voicing the "right to hope" agenda brought up by Bahçeli for years, Kaya said: "Bahçeli's words about Mr. Öcalan, 'Let him come to the parliament and speak and benefit from the right to hope' were put forward after a purely political thought. In Turkey, whether or not a convict is released after serving a certain period of time depends on a commission formed in the prison within the framework of the Law on the Execution of Sentences. This leads to arbitrary practices. Of course, it is necessary to evaulate this (right to hope) outside of daily political thinking."

 

Describing the non-fulfillment of the violation decisions of the ECtHR judgments as “murder of law”, “Turkey has an obligation to comply with the ECtHR. The Turkish Penal Code states, 'In the event of a conflict between international law and domestic law in Turkey, foreign law, international law shall apply'. Despite this, unfortunately, the decisions of the ECHR for Mr. Öcalan and other prisoners are not implemented,” he said.  

 

Pointing out that the European Union (EU) is flexible towards Turkey when it comes to economic interests, Kaya said: “The Council of Europe imposes sanctions on countries that do not implement the ECtHR's judgment. The Council is ambivalent on this issue and has an evasive attitude about applying the necessary sanctions. But in the end, one day this law will be implemented. The deadline for this is 2025. We hope and wish that the law will become functional in Turkey and the decisions of the ECtHR will be implemented.” 

 

'THE APPROACH TO ÖCALAN IS THE APPROACH TO THE KURDISH ISSUE'

 

Kaya said that the approach to Abdullah Öcalan is also the approach to the Kurdish issue and emphasized that Abdullah Öcalan has an important influence on the Kurds. Stating that this situation is also known by the state. Kaya emphasized that the problems experienced by different peoples and beliefs can be solved with the democratization of the republic. "The political powers that will solve this are the ones who will solve it. But if we, as the people and civil mass organizations, do not struggle, those who govern us will not solve our problems. We do not know what Erdoğan thinks about the Kurdish issue, but it is not words that are important for the solution of this problem, but action. What is important is the implementation of this action and practice. We need to struggle on this issue."

 

Solution of problems in Turkey is constantly postponed and that this situation causes serious damage said Kaya and added: "The Kurdish issue has been like this for 40 years. As it is prolonged, it becomes more serious in terms of economic, political, cultural, humanitarian and moral dimensions. The resolution of the Kurdish issue is the problem of 85 million people living in Turkey. Öcalan's paradigm is clear at this point. In fact, he clearly states this in the message he last gave in prison. We hope that decision-makers will take Öcalan's sincere approach into consideration and the problem will be resolved through democratic means without delay." 

 

Emphasizing that the Kurdish issue has now become a Middle Eastern issue, Kaya continued as follows: "Of course, international democratic support is important for the solution of the issue, but decision-makers within the country are more important. In Turkey, in the Middle East, and especially in 72 European countries, there are efforts to free Mr. Öcalan. The state sees this. The state also sees that this issue has reached its final point. Developments in the Middle East, especially the issues in Palestine and Israel, also dictate that the Kurdish issue must be resolved immediately. This issue must either be resolved or it must be resolved."

 

MA / Mehmet Güleş