Ahmet Şiray, co-chair of the Human Rights Association (IHD) Batman (Êlih) Branch, analyzed the legal dimensions of the discussions in Turkey following Abdullah Öcalan’s call for 'Peace and a Democratic Society'. He stated that after this call, the state must implement the necessary legal reforms and reassess Öcalan’s legal status.

Legal reforms will positively impact the peace process

Şiray emphasized that the new process, which began with Nationalist Movement Party (MHP) leader Devlet Bahçeli’s gesture of greeting the co-chairs of the Peoples' Equality and Democracy Party (DEM Party) in Parliament on October 1, 2024, has rekindled hopes for peace in Turkey and the Middle East. He stated: “For the state, this issue has persisted for 41 years; for the Kurdish people, it has been a struggle for a century. It is a well-known fact that the matter must be addressed and resolved with the direct involvement of the key parties. Both the Turkish public and the international community were eagerly awaiting a statement from Kurdistan Workers' Party (PKK) leader Abdullah Öcalan. This long-anticipated call came on February 27 and received significant coverage in national and international media. Many states and organizations expressed their satisfaction with this development. Furthermore, the PKK’s response to Öcalan’s call just two days later further strengthened hopes for peace. However, achieving lasting peace depends on the goodwill of all involved parties. The real challenge lies in the state’s willingness to create the necessary conditions and implement the necessary legal steps in line with international agreements.

One of the key legal discussions in recent years has been the right to hope, the principle that even those serving life sentences should have the possibility of regaining their freedom. This right had been addressed by various bodies of the Council of Europe even before the European Court of Human Rights (ECHR) issued rulings on the matter. Both the Council of Europe’s Committee of Ministers and the European Committee for the Prevention of Torture (CPT) have emphasized that prisoners serving life sentences should have the opportunity for early release. These institutions have stressed that meaningful rehabilitation programs must be implemented in prisons to facilitate reintegration into society. Every prisoner should have hope for eventual release, and states must introduce legal regulations to ensure this right.

Öcalan was brought to Turkey on February 15, 1999, and sentenced to death on June 29, 1999, under Article 125 of the former Turkish Penal Code. His sentence was later commuted to aggravated life imprisonment, but a legal amendment in 2002 barred him from eligibility for conditional release.

Following an appeal to ECHR, the court ruled against Turkey, citing its earlier precedent-setting judgments on the right to hope. The court concluded that “a life sentence carried out without any possibility of release violates Article 3 of the European Convention on Human Rights.” Despite this ruling, Turkey has yet to introduce any legal regulations addressing the issue. While the right to hope has remained a key issue in Kurdish politics, it was brought up for the first time by Devlet Bahçeli, the government’s coalition partner.

On October 22, 2024, during his party’s parliamentary group meeting, Bahçeli made a striking statement: "If the isolation is lifted, let him come and speak at the DEM Party’s parliamentary group meeting. Let him declare that terrorism is completely over and that the organization is disbanded. If he demonstrates such determination and decisiveness, then the necessary legal regulations on the right to hope should be enacted, and the path for him to benefit from it should be fully opened."

This statement clearly highlighted that one of the major obstacles to a lasting peace is the lack of legal reforms concerning the right to hope. For permanent peace in Turkey, instilling hope for peace among its peoples, and ensuring the participation of all sectors in the process, the legal and structural barriers preventing the key parties from taking part must be removed. This requires the revision of the Execution Law to align with international legal standards. Moreover, to ensure a healthier process and facilitate dialogue between all parties, Öcalan and all prisoners in similar conditions must be granted the right to hope.

A new legal framework is necessary

Ahmet Şiray emphasized that the new process between the parties must be supported by legal reforms to achieve a lasting peace. Şiray stated: "The most crucial step is the complete removal of all restrictions on freedom of thought and expression. Legal regulations must be enacted in compliance with the European Convention on Human Rights, to which Turkey is a signatory. One of the primary reasons the previous peace process collapsed into conflict was that statements and expressions used during the process were later criminalized. As a result, thousands of politicians were unlawfully detained, arrested, and sentenced. Even today, trials continue based on expressions used during that period.

If the state is genuinely committed to establishing peace, the first step must be legal and judicial reforms in accordance with the principles of democracy and the rule of law. To ensure lasting peace, the process must be conducted transparently within the Grand National Assembly of Turkey (TBMM), with legal safeguards in place to protect the rights of all parties involved.

Highlighting the urgent need to activate the existing legal system and introduce new laws, Şiray stated: “Regardless of whether the peace process progresses successfully, the Constitution of the Republic of Turkey defines the country as a social state governed by the rule of law. To uphold this definition, laws and regulations must align with both the constitution and international agreements that Turkey has ratified. If the peace process is to move forward and succeed, the state must implement necessary legal reforms to create the appropriate conditions for dialogue and resolution."

Changes to the Anti-Terror Law are necessary

Şiray said that "a growing expectation within the Kurdish public is that certain legal reforms must be implemented to fulfill Abdullah Öcalan’s February 27 call. In the event that the PKK disarms or dissolves, a major question remains: What will happen to the thousands of political prisoners and convicted or prosecuted members of the organization currently held in prisons? The state must clarify this issue within the framework of Parliament and introduce substantial legal amendments, particularly to the Anti-Terror Law (TMK).

If a dissolution were to occur, the state would need to outline the status of existing members and the legal process that would follow. For peace to be established, both parties must act in good faith and take sincere steps toward resolution. The current laws and legal framework do not meet society’s expectations, making necessary reforms even more urgent.

A constitutional amendment is needed to create a more pluralistic and democratic legal framework. The country requires a new, inclusive constitution that adheres to universal legal norms and protects the rights of all minorities. Ensuring that the peace process reaches a meaningful conclusion depends on both parties taking the necessary steps for dialogue and resolution."

All political prisoners must be released

Şiray emphasized that a legal roadmap must be followed for the peace process to progress. He continued: "In reality, even though the existing constitution and laws are inadequate, the sentencing and prosecution of politicians are still legally baseless. If the laws in Turkey were applied in accordance with the principles of justice, all politicians currently in prison would be free today. However, due to the instrumentalization of the legal system, tens of thousands of politicians are either behind bars or facing ongoing trials."

Priority must be given to the release of ill prisoners

According to IHD, at least 1,700 ill prisoners, including approximately 600 in critical condition, remain behind bars. Legal regulations must be introduced immediately to ensure their release so they can continue their treatment in fully equipped hospitals. The Observation and Classification Centers and the Regulation on the Evaluation of Convicts, which came into effect on 1 January 2021, must be abolished. Additionally, all decisions made by Prison Administration and Observation Committees must be annulled, and prisoners who have earned the right to conditional release must be freed as a genuine step forward.

As a gesture of goodwill to open the way for democratic politics, the release of all political prisoners, starting with former Peoples’ Democratic Party (HDP) Co-Chairs Selahattin Demirtaş and Figen Yüksekdağ, is essential. Their trials must be conducted fairly, and acquittal decisions must be issued accordingly. Moreover, to ensure that all political prisoners are freed and that those actively involved in this process are not later prosecuted for their statements, a legal safeguard must be established within Parliament. Without such a measure, existing laws could be arbitrarily interpreted again, leading to another wave of arrests targeting Kurdish politicians.

Furthermore, if the rulings of both the Constitutional Court and ECHR were implemented, nearly all imprisoned politicians would be released. However, merely complying with these rulings is not enough; all political parties must come together to enact more democratic and just laws through Parliament. In this process, political parties, civil society organizations, trade unions, professional chambers, bar associations, businesspeople, and all individuals with a sense of responsibility must play their part. If everyone fulfills their duty, the process can advance without obstacles and reach a successful conclusion.

Legal reforms and the peace process

Ahmet Şiray emphasized the necessity of legal reforms within Turkey’s domestic law to advance the process. He said: "If the process unfolds as hoped, not only Turkey but the entire Middle East will see an end to war, conflict, and rebellion, replaced instead by an environment of peace and stability. Every segment of Turkish society, regardless of its size or influence, must take responsibility and contribute to this process.

If peace is to be achieved at the end of this process, the voices of those who have suffered and been marginalized throughout the 103-year history of the Republic must be heard. Their demands must be acknowledged. If steps are to be taken towards social reconciliation, these steps must be transparent and just, carried out within the framework of Parliament. Without confronting the past and addressing the damage inflicted upon Turkish society and the Kurdish people, it will be extremely difficult to keep public expectations and hopes for peace alive.

All communities affected by the conflict, especially those who have suffered, must be listened to, and their proposals must be considered. The Truth and Justice Commission, which democratic civil society organizations have been demanding for years, must be established within Parliament and must begin its work without delay. In particular, the fate of approximately 17,000 enforced disappearances and unsolved political murders, especially during the 1990s, must be clarified. The perpetrators must be identified, the remains of the disappeared must be returned to their families, and those responsible must be held accountable before the law.

For this reason, repressive and authoritarian practices must end, the oppression of minority communities must be lifted, and all necessary legal reforms must be implemented to allow their free participation in politics. Additionally, any constitutional amendment must be drafted to include all minorities and ensure the recognition of all religious, linguistic, and ethnic identities in Turkey."