One of the first lawyers of Öcalan: The trial was against the law from the beginning


İSTANBUL - Lawyer Ercan Kanar pointed out that the trial of Abdullah Öcalan began with his handing over to Turkey was against the law with all its aspects from the very beginning as the decision was given before the trial, but the ones who prepared this conspiracy could not achieve their goals.

It has been 21 years since the PKK Leader Abdullah Öcalan was delivered to Turkey by an interstate conspiracy. Since then, Öcalan has been held in İmralı Prison, which has been completely isolated from the outside world. Lawyer Ercan Kanar, who met with Öcalan 13 times in March, April and May on the date of the delivery of Öcalan, evaluated that process.
Stating that the trial process of Öcalan has always been against the with all its aspects, Kanar continued as follows: "In the very first case hearing in Ankara I said 'Written laws are completely trempled', because before Öcalan was delivered in Turkey, 4 different absentee arrest warrants were made on his behalf, but he was taken into custody. However, according to the written law practice, the person for whom an arrest warrant is declared, no custody process should be applied. This principle was broken in the person of Öcalan. Another part that was against the law was that even though Öcalan was kept in İmralı, which is located in Marmara region, the trial of the case were seen in Ankara. This was against the law. At that first hearing in Ankara, we stated that this case should be held in Diyarbakır, where the alleged acts had been experienced the most. The minute I said 'Diyarbakır', those who filled the hall began to break the frames of the photographies of soldiers, who had died and attacked us with the pieces of glasses as well as throwing everything they carried like matches and coins etc. The delegation left the hall with fear and fled to the room. The police put us under surveillance, supposedly protecting us. Then they brought a very old safety van without any seat for us to get in. As we got on, the police started to hit our feet. Then they left this bus in a neighborhood known to be full of MHP (Nationalist Movement PArty) people in Ankara. When we were leaving, we were beaten by the police. So everything was implemented in a mutual plan."
Reminding the words of Bülent Ecevit, who was the former Prime Minister of the time, “We will end this trial in a month” Kanar continued his statements as follows, “Political power directed the trial in its own monopoly. Besides, there had never been a relatively independent and impartial judiciary in Turkey. The decision regarding Öcalan was made before the trial. What they have been applying were the methods of inquisition. In other words, it was decided at first, and then the trial was made. Öcalan never stood before a fair trial. All the principles of the right to a fair trial were trampled under the feet in the person of Öcalan. Everything was already set and scratched. It was a trial to satisfy the public."
Stressing that many articles of the ECHR have been violated in the person of Öcalan, Kanar said, “The ECHR has decisions that emphasize that the fact that a person is left alone in a room for more than three months entails torture and endangers the right to live. But we have a cell application of 21-year-old. The penal committee has a basic rule. The principle of equality in execution is applied regardless of whatever the crime and the punishment is. In other words, there can not be  two or three execution laws."
Noting that Öcalan has been applied a very strict isolation system in İmralı for 21 years, Kanar said, “Despite this, those who prepared the conspiracy could not achieve their goals. It is time that Öcalan should be released. The way for the Turkish and Kurdish people to live together fellowly is through a permanent peace. Unfortunately, the current government advances the policies of war further more leaning on MHP.
MA / Ferhat Çelik