“Right to hope” is one of the most discussed issue following the “Call for Peace and Democratic Society” of Kurdish People’s Leader Abdullah Öcalan, who has been held in isolation in İmralı F-Type High Security Prison for 26 years, which was shared on 27 February. Although almost 2 months have passed since the historic call, no concrete steps have been taken by the state. 

 

 

Lawyer Servet Ozen, who met Abdullah Öcalan in İmralı between 2006 and 2009, made evaluations about the on going isolation and the "right to hope".

 

'LEGAL ARRANGEMENTS MUST BE MADE'

 

Ozen stated that there is no legal guarantee for the visits to İmralı organised on the initiative of public authorities and pointed out that the isolation has not been lifted yet. Drawing attention to rights such as family, lawyer, phone calls, communication with other prisoners and social activities, Ozen stated that violations of these rights have not yet been eliminated. Ozen said, "Meetings with the consent of public authorities and the government - even if they are held every day - do not mean that the isolation has been lifted."

 

Underlining that the "right to hope" is not a right to be conditioned or regulated, Ozen said, "Public or norms are universal, but in Turkey, especially due to Mr Öcalan's position, laws are personalised. In this case, it constitutes a fundamental obstacle to the development of the ECHR or universal law, democracy and human rights. The lowest form of discrimination is practised. The political atmosphere as well as the legal ground is favourable to the formation of the right to hope."

 

'SUPERVISION SHOULD BE CARRIED OUT BY SOCIAL SEGMENTS'

 

Stating that the Committee of Ministers (CoE) of the Council of Europe (CoE), which is composed of the foreign ministers of the member states, applies "double standards" in line with its interests, Ozen reminded that the CoE has not done what should be done to Turkey despite the ECtHR's violation decision on the "right to hope" in 2014. Ozen listed the sanctions that could be applied to Turkey at this point and said, "It is very clear that the CoE has not acted in accordance with its founding philosophy and the 'Öcalan v Turkey' decision. Therefore, if a law on the right to hope is to be drafted, it should be supervised by social segments that are impartial and independent, free from political interests and vested interests. Otherwise, appropriate decisions cannot be taken with political interests."

 

"Mr Öcalan's position must be taken under legal and constitutional guarantee and should not be turned into a means of blackmail," said Ozen and added, "If any arrangement is to be made regarding Mr Öcalan, it should be secured by legal guarantees. At the very least, within the framework of the conditions to be provided on İmralı Island, a ground must be created where he can visit, meet, express his mental and physical activities easily, and convey his thoughts to the society easily."

 

Stating that the steps regarding the situation of Abduulah Öcalan will eliminate the insecurity in terms of the process, Ozen said, "At this point, practical steps can play a role in the solution of the Kurdish question and the formation of a democratich Middle East. A stalling, postponing, calculated, bookish approach is not in line with the spirit of the process. After all there is a very serious negotiation traffic going on. It is so serious that Mr Öcalan has called for the dissolution of the organisation, let alone its laying down arms. This call was the most extreme point for Mr Öcalan himself. At this point, the state must also take appropriate steps.” Ozen added that the whole society has a job to do in order to ensure a healthy process.

 

MA / Rukiye Payiz Adıgüzel