The European Court of Human Rights (ECtHR)’s decision on the violation of the right to hope, which was issued by the ECtHR within the scope of the regulation of the European Convention on Human Rights (ECHR) that "keeping a person in prison for life without the possibility of release is a violation of the prohibition of torture and ill-treatment", continues to be discussed.

 

The ECtHR's 2014 ruling on the violation of Kurdish People's Leader Abdullah Öcalan's right to hope and Turkey's request for a legal regulation regulating the exercise of this right has not been implemented despite the time that has passed. 

 

The Committee of Ministers of the Council of Europe, which put the issue on its agenda due to Turkey’s failure to take steps, gave time to Turkey until September of this year for legal regulation. The right to hope has been widely discussed in connection with the process initiated to resolve the Kurdish question through peaceful and democratic methods following Abdullah Öcalan’s “Call for Peace and Democratic Society”. 

 

While right-wing party MHP Leader Devlet Bahçeli has expressed his “conditional” support for the use of the right to hope, legal organisations state that the use of this right cannot be conditional and cannot be made a subject of bargaining. More than 30 non-governmental organisations, bar associations and legal organisations made a statement demanding that this issue cannot be made a subject of bargaining and that a legal regulation be made to ensure the use of this right. On 28 April, Amed (Diyarbakır) Bar Association was one of the signatory organisations of the statement. 

 

 

Evaluating the ongoing isolation of Abdullah Öcalan and the right to hope, Amed Bar Association Board Member Hasan Kendal Selçuk said that the isolation of Abdullah Öcalan is still continuing. Selçuk said, “Just because he meets with delegations and persons authorised by the Ministry of Justice does not mean that the isolation does not exist. Because Mr Öcalan should be able to meet freely with his lawyers, family and other representatives without any permission. 

 

Selçuk said that the ECtHR’s judgement on the violation of Abdullah Öcalan’s right to hope was the first judgement against Turkey regarding the right to hope. Selçuk noted that Turkey is obliged to comply with the judgement as it is a member of the ECtHR, has ratified the ECHR and Article 90 of the Constitution recognises the supremacy of international treaties and conventions. Selçuk also recalled the ECtHR judgement “Vşnter and others v. United Kingdom”. 

 

VIOLATION OF PROHIBITION OF TORTURE

 

Selçuk reminded that the issue was brought to the agenda of the Committee of Ministers, which has the authority to supervise the implementation of the ECtHR judgements and impose sanctions, due to Turkey’s failure to regulate the right to hope. Reminding that the Committee of Ministers, which met on 17-19 September 2024 on the issue, "should establish a review mechanism on the right to hope", Selçuk said: "The Committee decided that Turkey should take legislative or other adequate measures to ensure a mechanism to review the execution of sentences with the possibility of the release of convicts convicted with these sentences."

Selçuk stated that the absence of a regulation on the "right to hope" is contrary to the "prohibition of torture" of the ECHR. "In order for the right to hope to be recognised, the prisoner must foresee that he/she can regain his/her freedom in a process that proceeds within the framework of a certain legal mechanism," he said. 

 

'LEGAL ARRANGEMENTS SHOULD BE MADE'

 

Pointing out that the opening Kurdish question to discussion and the ongoing process may facilitate the regulation on the right to hope, Selçuk emphasised the lagel steps that need to be taken to solve the Kurdish question. Selçuk said, “The Kurdish question did not start with weapons. The Kurdish question has been going on for a hundred years. There is a cultural, political and language problem. This century-old problem cannot be solved only by laying down arms. Therefore, the law and the constitution must be changed. If this process is to continue, Mr Öcalan's position must be legally secured. In 2013, those who went to meet Mr Öcalan were prosecuted. It is necessary to release Mr Öcalan and to make some changes in the law for those who meet with him."

 

Stating that legal arrangements should be made to recognise the right to hope, Selçuk said that the necessary legal and constitutional amendments should be made by the Parliament for the success of the process. 

 

MA / Rukiye Payiz Adıgüzel