Imrali isolation: The existence of the ECtHR and CPT became controversial 

2023-10-02 11:36:50


	ISTANBUL - Stating that the law is not enforced in İmralı, ÖHD Co-Chairperson Serhat Çakmak said: "The ECtHR and CPT have made their existence controversial with their stance on this point."

	The international conspiracy against PKK Leader Abdullah Öcalan, involving many countries under the coordination of the United States of America (USA), was implemented by many states, especially European countries, ignoring international law. Abdullah Öcalan, who left the Middle East and opened up to the world to establish a democratic solution to the Kurdish question against the plans for destruction and liquidation, was crucified when his requests for political asylum were not accepted in the countries he visited. The PKK Leader, who was brought to Turkey where he was wanted with the death penalty after a 130-day European process, was given the death penalty in the trial that started on May 31, 1999 at Ankara No. 2 State Security Court and ended with the last hearing on June 29, 1999. Abdullah Öcalan has been held in isolation conditions in İmralı Type F High Security Prison for 25 years with this sentence converted to aggravated life imprisonment.

	 

	'RIGHT TO HOPE' APPLICATION

	 

	The European Court of Human Rights (ECtHR), to which Abdullah Öcalan's lawyers applied, ruled on violation of the "aggravated life imprisonment" in 2014. Following this decision of the ECtHR, the Association of Lawyers for Freedom (ÖHD), Society and Law Research Foundation (TOHAV), Human Rights Association (İHD) and Turkish Human Rights Foundation (TİHV) together with PKK Leader Abdullah Öcalan, detained Hayati Kaytan, Emin Gurban and Civan Boltan, applied to the Committee of Ministers of the Council of Europe on 26 July 2021 to put the violation decisions of the ECtHR on its urgent agenda.

	 

	RESPONSE FROM TURKEY

	 

	Upon the application drawing attention to the need to ensure the 'Right to Hope' for Abdullah Öcalan and other prisoners, Turkey responded to the Committee on September 7, 2021. Claiming that there has been no violation in Imrali since 2009, Turkey ignored the findings and suggestions in the application regarding the "right to hope" and "amendment in the law on aggravated life sentence", which brought up the possibility of release of Abdullah Öcalan and other prisoners.

	 

	'LAW IS NOT IMPLEMENTED IN TÜRKİYE'

	 

	Referring to the existing unlawfulness by drawing to the "violation" decision of the ECtHR, Çakmak said: "The ECtHR determined that there were some violations, especially regarding Mr. Öcalan's right to a fair trial. Despite this, Türkiye did not take any steps. Mr. Öcalan has not been subject to law since the day he was held in İmralı. İmralı Prison became an experimental place for the system. The isolation that started in İmralı was later applied to other prisons and society. And we have become a society where 'the outside becomes inside'. Law is not implemented in Turkiye."

	 

	'ECtHR HAS BECOME CONTROVERSIAL'

	 

	Stating that Turkey still does not implement the ECtHR decisions, Çakmak said: "This situation makes the existence of the ECtHR controversial. The European Council may subject Turkey to sanctions. The failure to implement a decision for such a long time makes the existence of the ECtHR questionable. Regarding this decision, last year, as ÖHD, we applied to the Committee of Ministers to implement this decision and put it on the agenda again. But no positive results were obtained."

	 

	WHAT DID CPT EXAMINE IN IMRALI?

	 

	Drawing attention that the European Committee for the Prevention of Torture (CPT) did not disclose its report on its visit to İmralı Island between September 20-29, 2022, Çakmak said: "This attitude of the CPT makes its existence controversial. Since CPT is an institution that works in the field of human rights, if there is a violation of rights somewhere, it should detect it and disclose it to the public. What did the CPT examine? What did it detect? What is the person's health condition? What are the prison conditions like? How are social rights used? Can he exercise his other fundamental rights? There is no explanation for this. This seriously brings into question the purpose of existence of the CPT and its claim to be an institution in the field of human rights.”

	 

	MA / Esra Solin Dal