Lawyer Baver Mızrak said that the Turkish government is avoiding the requirements of universal and human rights-based humanitarian law.

Although two months have passed since the call made by Abdullah Öcalan, who has been held in isolation in Imralı High Security Type F Prison for 26 years, no steps have been taken even on the issue of the 'right to hope.'

Speaking to ANF, lawyer Baver Mızrak, a member of the Amed Bar Association's Executive Board, said that both bar associations and civil society organizations have for years called for the recognition of this right.

Mızrak underlined that under Turkish law, there was previously no such sentence as aggravated life imprisonment; rather, life sentences were limited to 30 years, or capital punishment was applied. "Following Mr. Öcalan’s trial, the European Court of Human Rights (ECHR) issued a precautionary ruling against the death sentence. In line with EU Harmonization Laws, the death penalty was abolished and replaced with life imprisonment. Mr. Öcalan’s lawyers appealed to the ECHR against the aggravated life sentence. The ECHR ruled that life imprisonment until death and the associated execution regime constitutes torture."

Humanitarian law ignored

Mızrak noted that in 2024, the ECHR called on Turkey to implement regulations in domestic law concerning the 'right to hope,' and continued: "Turkey was given until September 2025. With the recent statements by MHP president Devlet Bahçeli, the issue has resurfaced. What must be underlined is that this right should be evaluated independently of any political process, purely within the framework of fundamental rights and freedoms.

Humanitarian law based on universal human rights requires this. However, humanitarian law is often turned into a matter of bargaining when it comes to the Kurdish question. With the recent dialogue process, it is evident that this issue is again being used as a negotiating tool. We believe the state is using it as a threat or bargaining chip to push the process in its favor and to achieve disarmament by the organization. Looking at both international examples and current practices in Turkey, Mr. Öcalan must attain conditions that allow him to work freely in order to facilitate this process effectively."

Repression of fundamental rights and freedoms

Mızrak pointed to the serious repression of fundamental rights and freedoms in Turkey and said: "It’s not just the ‘right to hope’. We see that Turkey continues to pursue anti-democratic practices and suppress fundamental rights and freedoms. This is also tied to Turkey’s position in the balance of international power. The Council of Europe has not issued any sanctions regarding Turkey’s failure to ensure basic rights and freedoms. This is related to the role assigned to Turkey in the current transformation and shifts occurring in the Middle East and the world."