Lawyer Özoral: ‘Right to hope’ must be respected
Lawyer Mustafa Özoral said that the isolation of Abdullah Öcalan in Imralı should be lifted and the ‘right to hope’ respected.
Lawyer Mustafa Özoral said that the isolation of Abdullah Öcalan in Imralı should be lifted and the ‘right to hope’ respected.
The isolation of Kurdish People's Leader Abdullah Öcalan continues. Lawyer Mustafa Özoral, a member of the Association of Lawyers for Freedom (ÖHD), spoke to ANF about isolation in Imrali and the ‘right to hope’.
How do you define the concept of isolation?
Isolation means seclusion, isolation of people from their families, loved ones and society and not allowing them to communicate with anyone. In Turkey, isolation is particularly heavy against Mr Abdullah Öcalan. This isolation imposed on Mr Öcalan is not only limited to family meetings, because lawyer meetings are also prevented.
Looking deeper into the isolation regime in Imralı, how did this process progress?
Abdullah Öcalan's last family visit was on 23 October 2024, the previous one was on 3 March 2020. He was only able to meet with his family 6 months in the last 10 years. However, he is not only banned from seeing his family, but also from seeing his lawyers. Öcalan was able to meet with his lawyers only 5 times between 2011 and 2019. On 23 October 2023, after meeting with his nephew, he received a disciplinary penalty and was banned from seeing his lawyer for 6 months.
Is this isolation limited to Mr Öcalan or is it imposed on other prisons as well?
Isolation first started in Imrali, but soon was imposed on the whole society. The state first tried practices in violation of the European Convention on Human Rights in Imralı. Since not enough voices were raised, these practices were imposed to other prisons as well. Not only the inability to meet with family, but also the inability to express one's thoughts is a state of isolation. Abdullah Öcalan has been in prison for 25 years and during this time he has not been able to express his ideas. This is a severe form of isolation.
How do you evaluate the recent statements by MHP Leader Devlet Bahçeli?
Bahçeli's statement on 22 October 2024 goes contrary to the statements made in the official discourse for years that there was no isolation. Bahçeli said that isolation would be lifted if the PKK was disbanded. This is actually an acknowledgement of all those years of isolation. Talking about a peace process without lifting the isolation, means that such a process could not be managed properly. If Abdullah Öcalan does not have the right to meet with his family and lawyers, the peace and solution process cannot function properly.
How do you evaluate the ‘right to hope’?
The right to hope does not legally exist in Turkey. Even if the President of the Republic has the sole power of pardon, this does not mean there is the right to hope. The European Convention on Human Rights (ECtHR), to which Turkey is a party, says that the conditions of life sentences should be re-evaluated. The ECtHR states that life imprisonment is contrary to the philosophy of criminal law and that the sentence should be given with the aim of rehabilitating the person. For this reason, it is stated that the conditions of the person should be reviewed at the end of 25 years in prison.
How do you evaluate Turkey's current criminal laws in this respect?
Turkey abolished the death penalty in 2002 and in parallel life imprisonment sentences, except for political offences, have increase d. However, the right to hope in line with ECtHR judgements is still not sufficiently implemented in Turkey. Fight against terrorism Law No. 3713 and Penal Execution Law No. 5275 prevent conditional release and contravene the principle of equality. Abdullah Öcalan has completed 25 years in jail, but Turkey needs to change the legislation in line with the European Union and recognise the right to hope.
How will Mr Öcalan contribute to the democratic solution and peace if proper conditions are created?
Abdullah Öcalan has been calling for years to work for peace. 11 years ago, under Öcalan's instructions, guerrillas withdrew from Turkey and Kurdistan and there was a period of no conflict. This shows that Öcalan is serious when he talks about peace. However, the current conditions of isolation constitute an obstacle instead of contributing to peace and democracy. The government is ignoring this, so that is not serving peace.
What call would you like to make regarding isolation and the right to hope?
Our call is to change the legislation by which people sentenced to aggravated life imprisonment, especially political prisoners, remain in prison until death. The right to hope is crucial not only for Abdullah Öcalan, but for all political prisoners. This amendment is essential for the construction of a democratic society and for the revival of hope for peace.