'Bar Association must play its role and oppose isolation'

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  • 14:04 2 January 2025
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İZMİR - Call on the Union of Turkish Bar Associations, "It should not remain silent against the isolation and should embrace Öcalan's call in legal terms" says Şükran Öztürk from ÖHD.

PKK Leader Abdullah Öcalan held a family meeting with his nephew Ömer Öcalan on 23 October. On 28 December, DEM Party MPs Sırrı Süreyya Önder and Pervin Buldan held a meeting with Abdullah Öcalan. 
 
Member of the Association of Lawyers for Freedom (ÖHD) lawyer Şükran Öztürk evaluated the meetings, the isolation and the "right to hope" given by the ECtHR and stated that the meetings are important. "Of course thse meetings were held as a result of the international struggle against isolation. However these meetings do not mean that the isolation has been lifted" she said. 
 
Reminding that during the meeting with Ömer Öcalan, Abdullah Öcalan himself said that the isolation continues, "An isolation system unprecedented in the world is being applied against Mr Abdullah Öcalan. The isolation has no legal equivalent. There is no such legal system. Mr Öcalan has the right to meet with his family, first-degree relatives, the right to telephone and the right to meet with his lawyers whenever he wants. As long as these rights are not implemented, it is not possible to say that the isolation has been lifted," Şükran Öztürk said. 
 
RIGHT TO HOPE, INTERESTS AND BARGAINING
 
Pointing to the ECtHR's decision that Abdullah Öcalan's right to hope was violated, Şükran Öztürk said: "The right to hope is actually one of the most problematic issues in our execution system. In our execution system, there is no conditional release of someone sentenced to aggravated life imprisonment. In its judgement on Abdullah Öcalan, the ECtHR had determined that imprisonment until death without the right to hope is torture. But this right is ignored and postponed for Abdullah Öcalan. A legal arrangement is required for this. However, while Abdullah Öcalan cannot use his existing rights, a situation contrary to legal ethics is created, such as using this regulation as a political trump card and making it a matter of bargaining."
 
Şükran Öztürk reminded that the legal arrangement requested by the ECtHR from Turkey on this issue has not been made for 10 years and that the issue is on the agenda of the Committee of Ministers of the Council of Europe. Reminding that the Committee of Ministers gave Turkey a one-year deadline, Şükran Öztürk said: "The Committee of Ministers should impose sanctions on Turkey for not implementing the ECtHR judgements. The CPT's insistence on not disclosing its report and not doing its part makes us think that this is a bargaining chip with Europe in this 10-year process. The decision of the Committee should be a sanction against Turkey. However, we do not know if they will do this. Since in 10 years they have prolonged this process, we can say that there are interests and bargains here too."
 
NEED ARRANGMENT OF PARLIAMENT
 
Şükran Öztürk emphasized that the right to hope is an issue that should be removed from political bargaining and said that the Parliament should make a legal arrangement in a humane manner. Stressed that the lifting of the isolation and the implementation of the right to hope would restore confidence in justice and pave the way for peace, Şükran Öztürk said: "If they want to take a legal step towards a soltuion to the Kurdish issue, they have to make this regulation. It is necessary to contribute to peace in this way. If these steps are taken, Öcalan's physical freedom will be realised."
 
CALL TO ALL SEGMENTS OF SOCIETY 
 
Reminding the call for all segments of society to contribute to the process in the last meeting with Abdullah Öcalan, "As ÖHD, we support this call and we want the union of bar associations, bar associations and legal organisations to take an active part in this process against the isolation. All segments of the society need to put a stop to this unlawfulness in the country. As ÖHD, we have previously made applications to bar associations to meet with the Ministry of Justice against isolation. Some bar associations have returned, but we have not received a positive response from some bar associations."
 
'UNION OF BAR ASSOCIATIONS SHOULD PLAY ITS HISTORICAL ROLE'
 
Lastly Şükran Öztürk continued as follows: "In such processes, we must take responsibility firs. Both bar associations and the Union of Bar Associations should take responsibility for the problems and solutions of this country. Because isolation should not only be seen as an issue applied to Mr Abdullah Öcalan. We must realise that it is an issue applied to democracy in his person. We make a call on behalf of the association; We demand that the Union of Bar Associations should no longer remain silet against the isolation and embrace Öcalan's call in a legal sense. All legal organizations and bar associations should play tehir historical role in contributing to the process and oppose the isolation in this period when the doors of a new process are opened."

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