Earlier this week, HDP (Peoples’ Democratic Party) foreign policy spokespersons Feleknas Uca and Hişyar Özsoy were in Strasbourg for a series of meetings with representatives of European institutions. In addition to appointments with the Secretaries General of the Council of Europe and the Parliamentary Assembly of the Council of Europe (PACE), meetings were also held with the new Deputy Secretary General Björn Berge, as well as the leaders of the liberal, socialist and left-wing parliamentary groups Jacques Maire, Frank Schwabe and Tiny Kox. In addition, the delegation, accompanied by HDP European representative Faik Yağızay, spoke with representatives of the Council of Europe’s Committee for the Prevention of Torture (CPT), but only by telephone due to the pandemic.

These were the first meetings of the HDP delegation in a year, Hişyar Özsoy told the daily Yeni Özgür Politika. He added that many meetings had been canceled due to the coronavirus that was rampant around the world. "In terms of content, the main issue was what we thought should be central on the agenda for Turkey. We had two main points: The ongoing hunger strikes in prisons and the total isolation of Abdullah Öcalan, which has been going on for more than a year and a half. Furthermore, we discussed the decision of the European Court of Human Rights to release former co-chair Selahattin Demirtaş and the government's resistance to implementing this decision."

The ECtHR has ruled twice

The HDP deputies informed the EU representatives of their concern that the hunger strike could escalate and recalled the deaths of a similar protest between 2018 and 2019. Özsoy stated, "The isolation of Öcalan and the other prisoners on Imrali is not a question of violating individual human rights. Apart from the human rights and legal dimension, the isolation on Imrali is a matter of preventing a solution to the Kurdish question through negotiations. It is a situation that poisons, constricts, militarizes and strains the entire political climate in Turkey. This is how we understand and report on the situation. There are CPT resolutions on the isolation on Imrali, but also two resolutions of the Parliamentary Assembly of the Council of Europe - one from January 2019 and one from October 2020 - demanding that Turkey implement corresponding CPT resolutions."

Call for a special session of the Council of Europe on the situation in Turkey

The delegation called for a special PACE session, particularly in light of the hunger strikes. Özsoy says the following about the CPT's visit to Turkey a few days ago: "Already in the run-up to the media coverage, we were informed that Imrali was not visited. However, the hunger strike, Imrali and isolation had been discussed with representatives at the 'highest level'."

The CPT had been informed of the current situation after its delegation returned from Turkey, he said.

"During the hunger strike two years ago, we already worked intensively with these people. We reminded them of that. At that time, they also conducted negotiations with the Ministry and the Turkish authorities on a legal settlement of the visits to Imrali. We hope for a profound solution this time as well. Must people go on hunger strike or even death fast and die every two or three years in order to break the isolation? There is no more absurd situation," Özsoy criticizes.

Özsoy said that this time, the CPT broke with its routine and tweeted that it had also addressed the situation in Imrali. This was very unusual. A team from the panel spent two weeks inspecting several prisons and wrote a report to that effect.

Political will needed

"The CPT can monitor Turkey most closely in this regard, but in the end it is only a technical institution. The reports are important, but just not binding like a decision of the ECtHR. The CPT drafts its report, but if there is no political will to implement what it says, this report remains just a piece of paper. Therefore, two resolutions were taken in the Parliamentary Assembly. It was decided to state in a reference: 'We expect the Republic of Turkey to urgently implement the CPT's decisions on the arrangements on Imrali, including regarding Abdullah Öcalan.'"

"Joint decision of the EU institutions"

There is parliamentary support for the CPT reports, Özsoy says and notes that it has been discussed in the Secretary General's office. At the moment, he says, all Council of Europe institutions have a common position on the issue, with the exception of the Council of Europe's Committee of Ministers. "At the moment, the Council of Europe is saying that this decision should be implemented urgently, not only at the level of a technical committee like the CPT, but also at the parliamentary level. In the talks with Turkey, this position is being conveyed."

Since the start of the monitoring of Turkey in April 2017, quite a few deteriorations of the situation in Turkey have been noted at the level of the Council of Europe. If the Turkish government persists in its stance of not implementing decisions and recommendations, this could lead to the initiation of a procedure to terminate Turkey's Council of Europe membership and accession process, Özsoy says.

Demirtaş decision on the agenda

In view of the failure to implement the ECtHR ruling in the case of Selahattin Demirtaş, Social Democrats signaled that Turkey would soon be expelled from the Council of Europe if Ankara persisted in not implementing court orders. Such a process can be initiated by any country or representative from the 15 member states. Currently, about 80 percent of the parliament is in a position to make that decision, he said.

"Strong sanctions should be imposed”

From the Council of Europe, Özsoy demands to take tougher action against the government in Ankara. Speaking to the Council of Europe's secretary-general, the politician said it is a lack of seriousness when member states do not follow the rules. "The Council must have enforcement power. Previously, states could only be dismissed at the request of the Council of Ministers, but now Parliament also has the right to do so." Strong sanctions would have to be imposed on Turkey to enforce implementation of decisions.