'Special law' for İmralı on the agenda of Committee of Ministers

  • actual
  • 12:13 30 November 2021
  • |
ISTANBUL - At the meeting of the EC Committee of Ministers that will start today, the violation decision of the ECtHR regarding PKK Leader Abdullah Öcalan will be discussed. If it is determined that Turkey does not comply with the decision, some sanctions may be imposed on Turkey.
The Committee of Ministers of the Council of Europe (EC UK) is meeting today in Strasbourg. In the meeting, which will last until December 2, the violation decisions of the European Court of Human Rights (ECHR) for PKK Leader Abdullah Öcalan and prisoners Hayati Kaytan, Emin Gurban and Civan Boltan, who are being held in İmralı Type F High Security Closed Prison, will be discussed. It is expected that the violation decisions about Selahattin Demirtaş, former Co-Chair of the Peoples' Democratic Party (HDP) and imprisoned businessman Osman Kavala, who are being held in Edirne Prison, will also be discussed at the meeting.
In the event that the decision of the ECtHR that the aggravated life sentence for Öcalan is in violation of Article 3 of the European Convention on Human Rights (ECHR), which prohibits torture and ill-treatment, is not implemented, some sanctions against Turkey may be imposed. Turkey's relations with the EC UK and its membership may also be a matter of debate.
The ECtHR decided that the aggravated life sentence for PKK Leader Abdullah Öcalan, who has been held in İmralı Type F High Security Closed Prison since August 15, 1999, is in violation of Article 3 of the ECHR, which prohibits torture and ill-treatment. Following this decision made on March 18, 2014, a violation decision was made for the prisoners Hayati Kaytan, Emin Gurban and Civan Boltan on the same issue. Despite the fact that 7 years have passed since the violation decision for Öcalan and other detainees, no action has been taken, which mobilized legal and human rights organizations.
Association of Lawyers for Freedom (ÖHD), Society and Law Research Foundation (TOHAV), Human Rights Association (İHD) and Human Rights Foundation of Turkey (TİHV) applied to the EC BK on 26 July, which oversees and implements the decisions made by the ECtHR. The committee put the issue on its agenda for the first time and decided to discuss the decision at the meeting to be held between 30 November and 2 December.
Turkey made two separate notifications after the Committee brought the issue to the agenda. Turkey, which gave the first response to the application of human rights and law organizations on September 7, claimed that there has been no violation in Imrali since 2009. Turkey, on the other hand, ignored the findings and suggestions in the application regarding the "right to hope" and "change in the law on aggravated life sentence", which brought forward the possibility of the release of Öcalan and other detainees. It is noteworthy that Turkey only focused on the report prepared by the European Committee for the Prevention of Torture (CPT) on the physical conditions of Imrali in previous years. Since 2009, Öcalan and other detainees have been prevented from meeting with their families and lawyers for various reasons.
In the second statement that Turkey submitted to the Committee on October 7, with the title “Action Plan”, stating that Öcalan and other detainees do not have the right to 'parole', it accepted the “private law” practice in İmralı. In its statement, Turkey pointed to the "Öcalan 2" decision of the ECtHR, and claimed that after November 17, 2009, there was no "ill-treatment" in Imrali. It ignored the fact that since 2009, Öcalan and other detainees have been prevented from meeting with their families and lawyers for various reasons. In the notification, again pointing to the ECtHR decision, it was argued that the "improvements" made in Imrali in the period after November 17, 2009 were appreciated and the violation before 2009 was remedied. However, the application made to the ECtHR on behalf of PKK Leader Öcalan in 2011 regarding the detention conditions in İmralı was ignored.
MA / Ferhat Çelik 

View More Articles

12:48 New application submitted by Öcalan's family and guardian
12:46 8 parties gathered: We need a joint struggle
12:45 160 detained in 3 months with 'anonymous witness' statements in Şırnak
10:21 AKP's big investment in Adıyaman: Biggest prison in Turkey
18:03 Mass participation to Deniz Poyraz hearing
15:22 Investigation Committee established for Semra Güzel
13:20 Demonstration in front of Forensic Medicine Institude for ill prisoners
13:17 Lawyers of Öcalan applies for a meeting with their client
13:17 Parliamentary immunity of HDP MP Güzel being discussed at Parliament
12:58 Şenyaşar family: Struggle will continue as long as there is life
12:56 Killer of Dedeoğulları family entertained in luxury hotels before massacre
10:32 Demirtaş: Remove the isolation, let Öcalan speak
16:42 Sit-in of Doku family continues under snow
15:44 PADÊ Co-Chair: The will of Shengal must belong to the people
15:43 The using of chemical weapons leaves permenant damage on human health.
13:33 Şenyaşar family banned from writing on snow!
12:34 Journalist Daştan: Turkey partnered in genocide in Afrin
10:25 Call to CPT: Prisons have turned into torture houses
16:26 PADÊ: Iraq should stop Turkish attacks
16:25 Iraqi army threatens Shengal
16:24 Şenyaşar: People will stage sit-in protests in front of all courthouses in Turkey
14:27 Kalo's resilience keeps walking the streets of Amed
13:14 Sit in for Gülistan Doku enters day 18
13:13 Lawyers of Öcalan applied for a meeting with their client
13:13 Former hunger striker Yağız: Youth must unite around historic resistance
12:03 Kurdish citizen accused of 'propaganda' for listening to Kurdish song from his phone
09:10 “The salvation of the planet is in socialism”
15:00 Family of Doku continues sit in in front of courthouse
14:59 Prisoners are given one bread per day
12:48 HDP Law Commission Spokesperson Detained
12:48 HDP getting ready for the great rally
12:47 Şenyaşar family: Is there no one to put an end to this injustice?
12:02 Relatives of ill prisoners: 'Enemy law' is applied in prisons
10:59 Attorney Miran: İmralı is a black hole in terms of law
16:53 İHD Co-chair pays visit to Şenyaşar family
13:05 28-year-old photograph on the wall..
13:02 Writer Çelik: The key to solution is Öcalan
13:01 Ill prisoner has not seen his son for 5 years
15:57 Doku family to bring the sit in to Ankara
15:56 From Şenyaşar family to prosecutor: This will weigh on you!
13:35 New application submitted by Öcalan's family and guardian
13:34 Complainant in Kobané Case has nothing to do with Kobané Case!
13:33 Mother spent her life waiting for relatives in prison demands justice for all
11:51 Building refugees live in set on fire
11:51 Women subjected to strip search in Şırnak Security Directorate
11:49 'Freedom for prisoners' sit in on day 60
16:53 Letter to 600 MPs from the Doku family: Establish a Research Commission
14:38 Mother of 12-year-old boy killed by police: I will continue my struggle
13:25 Lawyers of Öcalan applied for a meeting with their client
13:23 Justice Watch of Şenyaşar family enters day 311