​​​​​​​Former Counsel for Ocalan: European Court should pressure Turkey to accept the "Right of Hope" law

Former leader Abdullah Ocalan's lawyer, Mahmoud Shakar, stressed that every prisoner has the right to hope after being imprisoned for many years in detention, and demanded that the European Court of Human Rights exert pressure on the Turkish state to compel it to apply the "Right of Hope" law.

Leader Abdullah Ocalan is serving life imprisonment on the island of Imrali, south of the Marmara Sea, amid heavy isolation and "disciplinary punishments" that do not allow him to communicate with his family and meet with his clients. These practices have been committed against him since he was transferred to Imrali Prison after being kidnapped by an international conspiracy in mid-February 1999 in Kenya's capital, Nairobi.

The aggravated punishment and isolation of leader Ocalan is contrary to the laws and international norms that the Turkish fascist state has violated and are overlooked by humanitarian and international human rights institutions and organizations.

Mr. Ocalan's lawyers have been demanding that his trial be reviewed after a prolonged term of imprisonment, which has been going on for more than 23 years, and that the "Right of Hope" law be applied, considering that aggravated life imprisonment of their client with hard labour is contrary to the European Convention on Human Rights.

Isolation intensifies and war escalates with it

Leader Abdullah Ocalan's former lawyer, Mahmoud Shakar, says that the system of severe isolation in Imrali has not changed since Mr. Ocalan's arrest. In the last 18 months, we have not heard any information about him after the isolation has intensified further.

Government of War

Shakar explained that the intensification of isolation was due to the Turkish state's "recent policy and its attack on the Kurdish on everywhere in Bakur, Rojava and Southern Kurdistan and its use of proscribed weapons. this Government is based on war and therefore does not allow any meeting with Mr. Ocalan."

'There is no law in the world that prevents a prisoner from communicating with the outside '

Shakar stated that there is no legal rule of aggravated isolation, "whether it be through the Turkish state's domestic laws or international human rights laws, there are no rules and laws that permit the imposition of isolation and these rights must be safeguarded and protected, so that he can meet with and communicate with his parents and lawyers."

He added: "These rules also exist in European laws. These rights are safeguarded and protected. The protection and safeguarding of rights are most important, so meeting with the prisoner must not be restricted, nor is there any law in the world that prevents the prisoner from meeting and communicating with the outside."

Why are they preventing his clients and relatives from meeting him?

Shakar wondered, why would they prevent Mr. Ocalan from meeting with his lawyer? They say that between 2005 and 2009 Mr. Ocalan was subjected to disciplinary sanctions, "In 2005, discipline was imposed and he remained in solitary confinement for 20 days. They want to repeat this today. This is not logical. This is an arbitrary, illegitimate policy, which also prevents the family from meeting with Mr. Ocalan. They claim that disciplinary sanctions have been imposed on him, and say why he walks in the prison yard and speaks with his friends."

Shakar noted that "when Mr. Ocalan met, his health situation was poor, and this was also seen by his lawyers and parents, his deteriorating health situation continues", and said: "Mr. Ocalan has been imprisoned for a year under the conditions of the isolation regime, this isolation has a significant impact on human health. As Mr. Ocalan ages, his health situation will worsen."

We fear that his health has already deteriorated '

"We are afraid that his health has already deteriorated, and we have doubts in his health," Shakar said.

'They have closed all legal routes'

With regard to the "Right of Hope" Act, which allows for the re-examination of the case of the arrest of leader Abdullah Ocalan, Shakar stressed: "Every prisoner has the right to hope if he remains imprisoned for years, there must be hope, a right to liberty and a right to release the prisoner, but they have blocked all legal avenues before this law."

'There is no justification for the practices they imposed on Mr. Ocalan in Turkish laws'

As Shakar said, "At the beginning of Mr. Ocalan's trial, the Turkish state imposed the death penalty and then abolished it to impose the aggravated penalty of life. There are no rules for such practices and acts in Turkish laws. They drafted and established a law for Mr. Ocalan in 2002, which reads: "As long as he is alive, he will remain in prison to death and spend his entire life in prison."

The European Court considers isolation torture

In 2014, the European Court of Human Rights had held that "the absence of the Right of Hope for the release of detainees is considered as torture and practices against human rights, so some changes must be made.”

Turkey has violated international norms and laws on the protection of human rights

Noting that human rights protection laws and resolutions are being violated by Turkey and that the "Right of Hope" is a legitimate right, and that there is a European Ministerial Committee, scheduled to meet this month, Shakar said: "This committee sent some information to Turkey in order to respond to it and find out how to resolve this issue. Turkey must respond to what it thinks and proposes for Mr. Ocalan and his fellow prisoners. The European Court should press further for greater political influence on Turkey to accept the "Right of Hope" law.”

CAT and the European Court are also responsible

Shakar explained that the Committee against Torture had on several occasions gone to Imrali Prison and prepared reports referring to isolation, "However, 18 months ago, lawyers visited the Committee against Torture, which has not responded to their requests and is silent. The Committee against Torture and the European Court are also responsible. They have not published any information in 18 months on Mr. Ocalan's situation. There is considerable silence on the part of them, and they must do something and act in this context."

Shakar is likely to "have political and economic ties with Turkey that keep them silent, they know that Turkey has violated European human rights laws but they are not moving, they have no pressure and influence."

CAT can visit Emirati whenever you want.

Shakar noted that the Committee against Torture could visit an Imrali Prison whenever it wished without anyone's permission, conduct research and have the right to do so, and said: "Over the past 18 months there have been a lot of statements and reports that have been sent to the Committee by our people and our political and civil organizations, these democratic actors must be strengthened further in order to act."

'Ongoing events have an impact and must be strengthened '

Shakar stated that there were continuing events in Europe as well as at home to ensure Mr. Ocalan's freedom, "In June, 775 lawyers applied to the Public Prosecutor's Office of Bursa and the Directorate of Imrali Prison and demanded that the lawyers meet with their client immediately. And the Gemilk event has had a remarkable pressure and effect, but so far there are still few events. And what do no not know if leader and his comrades are alive or not, in the face of this suspicious silence the struggle must be further strengthened and escalated ".

'What happens confirms that the issue of isolation is a legal, human and human issue of international significance '

The jurist Mahmoud Shakar referred to the press conference held days ago, where 350 lawyers from 22 countries around the world signed a petition to meet with Mr. Ocalan and sent it to the Turkish Ministry of Justice "This is an influential event, and asserts that isolation is not only an internal issue of Kurdish, but a legal, human and international issue.”

T / Satt.


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