Despite 12 years having passed since the European Court of Human Rights (ECHR) issued a violation ruling regarding the "right to hope" for Kurdish People's Leader Abdullah Öcalan, Turkey has yet to take any concrete step. Although the "right to hope" has repeatedly been placed on the agenda of Council of Europe (CoE) Committee of Ministers (CM) meetings, the committee has only granted Turkey extensions without imposing any sanctions. The committee, which last placed the "right to hope" on its agenda in September 2025, called on Turkey to take steps without delay and noted that the commission established in parliament in the context of resolving the Kurdish question could be used for the necessary steps. Turkey, disregarding the recommendation, neither included the "right to hope" in the commission report nor took the required legislative steps.

 

In response to the non-implementation of the "right to hope" ruling, numerous institutions including rights and law organizations submitted notifications to the Committee, drawing attention to Turkey's failure to act. The notifications called for the effective conduct of the monitoring process to ensure the implementation of rulings issued for Abdullah Öcalan and other prisoners. As the committee convened during these days (9-11 June), what decision it would take on the "right to hope" became a matter of curiosity. Yakup Demir, executive of the Lawyers for Freedom Association (ÖHD) — one of the institutions that submitted a notification — stressed that the committee must take steps to remedy the violation on the point of the "right to hope."

 

SANCTIONS MUST BE APPLIED

 

Drawing attention to the fact that Turkey has taken no concrete steps to remedy the violation since the ECHR issued its ruling, Demir recalled that the CoE CM had held a number of meetings to ensure implementation of the ruling. Noting that despite the committee granting Turkey interim resolutions and deadlines to remedy the violation, the violation had not been remedied, Demir stated that Turkey had failed to implement the "right to hope" ruling due to the committee's failure to pursue an effective and deterrent course of action.

 

Stating that the committee must establish an effective monitoring mechanism — primarily to ensure implementation of the ruling finding a violation of the "right to hope" with regard to Abdullah Öcalan — Demir said: "Subsequently, if it is still not implemented, it must bring together political actors and facilitate the necessary political contacts regarding the need to remedy this violation ruling. Finally, the CoE CM must issue a stern warning that if the violation is not remedied, whatever its authority regarding sanctions may be, those sanctions will be applied."

 

Recalling that the CoE CM had pointed to the commission established in parliament, Demir criticized the fact that rather than offering any solution, no reference to the "right to hope" had been included in the commission report. "The report submitted by the Parliamentary Commission is in every respect an inadequate report in terms of proposing the necessary mechanisms for the implementation of the 'right to hope.' However, it did express the view that both Constitutional Court and ECHR rulings must be complied with, and stated that the 'right to hope' and other ECHR rulings must be implemented," he said.

 

'A MECHANISM MUST BE ESTABLISHED'

 

Noting that there is no consensus among political parties on the issue of the "right to hope" and that discussions on the matter are generally conducted through the lens of the Execution Law, Demir said this was also slowing down the process. "First and foremost, the ECHR's violation ruling must be implemented in the person of Mr. Abdullah Öcalan as soon as possible, and the 'right to hope' must be put into practice. The legislative provisions obstructing the right to hope — both in Turkey's Anti-Terror Law and in the Law on the Execution of Sentences and Security Measures — must be removed, and mechanisms capable of giving effect to the right to hope must be established," he said.

 

'THE RIGHT TO HOPE MUST BE IMPLEMENTED'

 

Emphasizing that the "right to hope" must be addressed independently of the process, while also not losing sight of the fact that it is directly connected to the process, Demir said: "If the 'right to hope' is implemented, determining Mr. Abdullah Öcalan's status will be easier and faster. If Mr. Abdullah Öcalan's status is determined through the implementation of the 'right to hope,' the process will gain momentum and perhaps reach a successful conclusion in a very short time."

 

Demir stated that for both the Peace and Democratic Society Process to succeed and for the "right to hope" to be implemented, civil society organizations, society at large, and rights and law organizations all bear a responsibility.

 

MA / Rukiye Payiz Adıguzel