ISTANBUL - Cengiz Yürekli, one of Abdullah Öcalan's lawyers, said: "For Öcalan's right to hope, Turkey must change its legal policy and fulfil the requirements of the ECtHR's violation judgement."

 

In 2014, the European Court of Human Rights (ECtHR) ruled that the "aggravated life imprisonment" given to Kurdish People's Leader Abdullah Öcalan without the possibility of parole violated the "prohibition of torture" stipulated in Article 3 of the European Convention on Human Rights (ECHR). The ECtHR demanded the elimination of the violation by making a legal regulation on the practice that caused the violation. 

 

However, despite the time that has passed, Turkey has not made any legal arrangements to eliminate the consequences of the violation. The Committee of Ministers of the Council of Europe, which took Turkey's failure to take steps on its agenda, gave Turkey until September 2025.

 

The issue has been on the agenda of civil society organisations and legal organisations in Turkey. 46 civil society organisations, including bar associations, recently issued a statement calling for a legal regulation on the right to hope. The Asrin Law Office, which undertakes the defence of Abdullah Öcalan, is also continuing its efforts for legal amendments in this direction. 

 

Cengiz Yürekli, one of the lawyers of Asrin Law Office, evaluated the statement and the right to hope. Yürekli stated that the process developed under the interlocutor of Abdullah Öcalan promises peace, democracy and freedom to the whole geography. "Everyone should endeavour to fulfil their duties and responsibilities to ensure that their rights are protected and carried forward," Yürekli said.

 

 

Emphasising that the concept of the "right to hope" is a concept that belongs to the execution system, Yürekli noted that in the world, especially in Europe, not applying the right to hope in the execution system is considered contrary to human dignity. Stating that not providing this right is a form of torture, Yürekli said: "It is a requirement of democratic law and modern law that this practice, which is seen as a form of torture, be removed from all systems. The imposition of this penalty in Turkey has found its place mostly for political reasons, and the insistence on it is entirely related to political problems."

 

Pointing out that the abolition of the death penalty in Turkey and its replacement with aggravated life imprisonment was a step taken after Abdullah Öcalan was brought to Turkey, Yürekli said, "The execution law, which the ECtHR ruled as a violation, which states that he can stay in prison until he dies, was brought for Mr Öcalan. This practice is against universal law. Although the aggravated life imprisonment was brought for Mr Öcalan, it was not limited to him and has now affected the whole legislation of Turkey. Just as the unlawful Öcalan Law No. 20005 has shaped the execution law in Turkey, the way out of this will also be realised in the person of Mr Öcalan. The establishment of the right to hope, the liberation of nearly 4 thousand prisoners from this state of torture depends on the changes to be made centred on Mr Öcalan. For Mr Öcalan's right to hope, Turkey has to make changes in its legal policy, it has to fulfil the requirements of the ECtHR's violation decision."

 

'LEGISLATION MUST BE CHANGED'

 

Stating that the decision of violation against Kurdish People's Leader Abdullah Öcalan is before the Committee of Ministers of the Council of Europe, Yürekli said: "Turkey needs to amend the legislation on this issue. The conceptualisation of the right to hope came to the agenda in the person of Mr Öcalan and the abolition of this penal system will also be in question in the person of Mr Öcalan. Starting on 22 October 2024, the discussions that have developed in the political spheres, in the context of the solution of the Kurdish problem and Mr. Öcalan's right to hope, promise a serious hope. The fact that many institutions and rights organisations came together and took an initiative is very valuable in terms of Turkey's democratisation and the law of execution."

 

'THE RIGHT TO HOPE IS RELATED TO DEMOCRATISATION'

 

Yürekli reminded the statement made by 46 institutions, including bar associations, on the right to hope and stressed that the role of civil society organisations is very important in the establishment of democratic law. Yürekli said, "It was a statement that abstracted from all the ideological baggage of the institutions that made the statement and put the demand for the rights of objective law at its centre. It is necessary to name this clearly. The right to hope started to be discussed in the context of the Kurdish problem and was expressed in the person of Mr Öcalan. However, it is important to know that the Kurdish question is not only about the Kurds, nor is Mr Öcalan's legal situation only about him. This is all about the democratisation of Turkey and the legalisation of Turkey. It is an attitude related to the endeavour to bring all citizens of Turkey within the scope of democratic law."

 

'THE PROCESS PROMISES PEACE AND FREEDOM'

 

Underlining that the law is not independent from politics and social developments, Yürekli noted that the solution to the Kurdish question is possible through the democratisation of the law. Emphasising that all the anti-democratic practices in Turkey stem from the lack of a solution to the Kurdish question, Yürekli added: "We see that all these unlawful practices are aimed at preventing Kurdish demands for rights. These antidemocratic practices do not only affect the Kurds, but have become a situation that pulls back all citizens of the country. There is a legislation that builds itself on the lack of a solution. This is possible with the resolution of the Kurdish question. Although the name Kurdish question comes from Kurdish, it is not only a Kurdish question. The process developing under the interlocutor of Mr Öcalan promises not only peace and freedom for the Kurdish people, but also democracy, peace and freedom for the whole geography. For this, everyone should endeavour to ensure that their rights are protected and carried forward."

 

MA / Esra Solin Dal