Although it has been 12 years since the European Court of Human Rights (ECHR) ruled that holding Öcalan in prison without the possibility of release violated the “right to hope,” the decision has yet to be implemented. Çakmak evaluated the ruling, which is currently on the agenda of the Committee of Ministers of the Council of Europe —the body responsible for supervising and enforcing ECHR judgments.

 

He described the “right to hope” as a development in modern penal systems tied to execution law. Noting that the abolition of the death penalty was a key milestone in the prohibition of torture and ill-treatment, Çakmak argued that life imprisonment without release is now widely considered incompatible with human dignity. He emphasized that ECHR decisions are grounded in the European Convention on Human Right, which all Council of Europe member states have signed, meaning member countries are obligated to comply with the court’s rulings and enact legal changes when required.

 

‘ECHR RULINGS HAVE NOT BEEN IMPLEMENTED’

 

Çakmak recalled that in 2014, following applications concerning Öcalan, the court ruled that Turkey should abolish life imprisonment without the possibility of release and introduce regulations allowing prisoners a chance at eventual freedom. He noted that the court called for a clearly defined maximum prison term in the penal code, reflected in the execution law.

 

According to Çakmak, the Committee of Ministers has given Turkey until June 2026 to comply and expects legislative amendments. He pointed to a parliamentary commission tasked with presenting a legislative proposal to the Justice Commission.

 

‘LEGAL CHANGE IS REQUIRED BY THE CONSTITUTION’

 

Expressing hope that the necessary legislative arrangements will be enacted, Çakmak warned that failure to comply could trigger an increasingly strict process by the Committee of Ministers, potentially even leading to expulsion from the Council of Europe at the final stage.

 

“Until now, no country has outright refused to implement such decisions,” he said, adding that some states have attempted to delay compliance. “We hope this outcome does not occur. We call on authorities to remember that this legal change is now a statutory obligation and a requirement of the constitution. Alongside Mr. Öcalan, thousands of prisoners would be affected by this law.”

 

ÖCALAN’S CONDITIONS

 

Çakmak also described the step as crossing a political and psychological threshold requiring courage. He argued that legal reform could demonstrate that concerns about fundamental rights and coexistence are unnecessary and artificially created. He added that improving Öcalan’s working and communication conditions, allowing him to address broader audiences, would be important for the health of any future resolution process and to reduce risks of sabotage.

 

MA / Abdulkadir Ayten – Mehmet Güleş