On March 18, 2014 The European Court of Human Rights (ECtHR) found the sentencing of PKK leader Abdullah Öcalan to aggravated life imprisonment without the right to conditional release (right to hope) in violation of the European Convention on Human Rights (ECHR). The ECHR asked Turkey to make adjustments. The ECtHR later issued similar rulings for prisoners Hayati Kaytan, Emin Gurban and Civan Boltan. 

 

Despite the 10 years that have passed, Turkey has not taken any steps in response to the "violation" ruling.  The Committee of Ministers of the Council of Europe (CoE) decided to include the ECtHR's violation decisions on its agenda at its meeting between September 17-19. At the meeting, the Committee will monitor the implementation of the ECtHR's violation judgments and their requirements.  

 

The Association of Lawyers for Freedom (ÖHD), Human Rights Association (İHD), Human Rights Foundation of Turkey (TİHV), Association of Contemporary Lawyers (ÇHD), Civil Society in the Penal System (CİSST) and Society and Law Research Foundation (TOHAV) submitted a written statement to the Committee of Ministers before the meeting. The statement reminded the Committee of the ECtHR's violation decision and called on Turkey to make the necessary legislative amendments. 

IHD Istanbul Branch Chair Gülseren Yoleri

 

'EXECUTION LAW MUST BE AMENDED'

 

IHD Istanbul Branch Chair Gülseren Yoleri spoke about their notification to the committee. Reminding that the committee took the issue on its agenda in 2021 and initiated an audit process, Yoleri said that despite the audit process, no sanctions were imposed against Turkey. 

Pointing to the statement they made, Yoleri said, "As IHD, in this statement we made with other organizations, we drew attention to the legal and execution system in Turkey. We drew attention to the problems of prisoners who are not allowed to benefit from parole or probation, and some practices that violate the principle of equality in execution. We also discussed the Imrali Prison, which is known by all of us, and the extent of the isolation there. The steps that the state should take were expressed. The state needs to amend the law on execution." 

 

'TURKEY DOES NOT DISCLOSE THE NUMBERS'

 

Yoleri said: "Prisoners who have been imprisoned in prisons for more than 30 years are left to die due to legal problems. When the Law on the Execution of Sentences was being drafted, it included a regulation that those sentenced to aggravated life imprisonment would remain in prison for life. We are talking about an execution regulation that they will not be released from prison for any reason other than death. However, this regulation needs to be changed. This is the issue underlined by the ECtHR and the reason why we asked the committee to 'make a recommendation to the Turkish state'. In short, these regulations that create the severe isolation and different violations applied to aggravated life sentence prisoners need to be changed."

 

Yoleri stated that there is no information on how many people are sentenced to aggravated life imprisonment in Turkey prisons.

 

EMPHASIS ON STRUGGLE

 

Emphasizing that the Committee has many sanctioning powers regarding Turkey, Yoleri stated that this should not be limited to the committee. Yoleri pointed out that it will be the common struggle that will determine the process and said: "When I talk about the struggle, I am talking about the struggle of social, legal, political and human rights organizations. There is a need for a strong struggle regarding the isolation system in Turkey."