WAN – Referring to the European Court of Human Rights’ (ECtHR) ruling on the violation of Abdullah Öcalan’s “right to hope,” lawyer Cemal Demir said that lifting isolation alone would not be sufficient for the success of the process, stressing that Abdullah Öcalan’s physical freedom must also be guaranteed.

 

The European Court of Human Rights ruled in 2014 that the aggravated life sentence imposed on Kurdish People’s Leader Abdullah Öcalan violated Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment, due to the denial of the “right to hope.”

 

In its ruling, the Court called on Turkey to introduce legal regulations to eliminate the consequences of this violation. As Turkey failed to comply, the issue was placed on the agenda of the Committee of Ministers of the Council of Europe, the body responsible for supervising the execution of ECtHR judgments and empowered to impose sanctions in cases of non-compliance.

 

Despite holding two meetings and granting Turkey additional time to implement the necessary legal reforms, no concrete steps have been taken. Although isolation conditions imposed on Abdullah Öcalan, who has been held under severe isolation on İmralı Island since 1999, have been partially eased within the framework of the Peace and Democratic Society Process, no action has yet been taken regarding the “right to hope.”

 

Speaking to Mezopotamya Agency (MA), lawyer Cemal Demir, who met Abdullah Abdullah Öcalan five times between 2009 and 2011, said that İmralı Island itself was transformed into a total isolation regime following Abdullah Öcalan’s transfer there.

 

 

Recalling that İmralı has historically been used as a special detention site for political prisoners, Demir stated that while lawyer visits were initially allowed within the scope of ongoing trials, they were later blocked under pretexts such as “bad weather conditions”.

 

Demir noted that during his meetings with Abdullah Öcalan, developments in all four parts of Kurdistan, the Middle East, and global politics were discussed, emphasizing that despite extremely limited access to information, Abdullah Öcalan’s assessments consistently reflected current developments.

 

He recalled that lawyer visits were completely suspended in 2011, stating: “The last lawyer meeting with Mr. Öcalan took place on July 27, 2011. On that date, lawyer visits were banned, and on November 27, KCK operations were launched, during which all of his lawyers were detained. I was among those arrested and was held for a period in Kandıra F-Type Prison.”

 

‘ISOLATION IS STILL ONGOING’

 

Demir stressed that preventing meetings constitutes a clear violation of rights, adding that despite the initiation of a new process, regular family and lawyer visits have not been ensured. “Even though a process has begun, isolation continues,” he said, underlining that Abdullah Öcalan has never been allowed regular access to his lawyers.

 

Stating that lifting isolation is essential for advancing the peace process, Demir said: “The path must be opened for Mr. Öcalan; he must be able to meet with everyone. Only then can we speak of the isolation being lifted. However, for this process to succeed, lifting isolation alone is not enough, his physical freedom must also be ensured.”

 

‘ECtHR RULING IGNORED FOR 10 YEARS’

 

Demir emphasized that no legal steps have been taken despite the passage of years since the ECtHR ruling, saying: “The Turkish state has not complied with these decisions. The Committee of Ministers has repeatedly warned Turkey and granted deadlines, yet for nearly 10 years no concrete steps have been taken and no legal amendments have been made.”

 

‘THEY ARE DELIBERATELY PROLONGING THE PROCESS’

 

Stating that legal reform is mandatory to implement the “right to hope,” Demir said that while the PKK has taken all necessary steps, the state has failed to fulfill its commitments. “There is no need to enact new legislation even for seriously ill prisoners, yet the process is being deliberately prolonged. This approach blocks the Peace and Democratic Society Process,” he said.

 

‘THIS IS NOT THE LANGUAGE OF PEACE’

 

Demir also stated that Turkey’s attacks on North and East Syria are aimed at undermining the process, adding: “This is not the language of peace and reflects a lack of sincerity. The Turkish state’s approach is extremely dangerous. Regardless of circumstances, the Kurdish political movement will not accept attacks on Rojava. Rojava is a reality, and these attacks are paving the way for serious debates regarding the process.”

 

MA / Zeynep Durgut