ISTANBUL – Ali Kahraman, a member of the Society and Legal Research Foundation (TOHAV), emphasized that Turkey is obliged to recognize the "right to hope" under the international conventions it has ratified, calling on all segments of society to push for legal reform in Parliament.
According to the European Court of Human Rights (ECtHR), sentencing a prisoner to life without the possibility of parole violates the European Convention on Human Rights (ECHR). Despite several rulings by the ECtHR, Turkey continues to exclude prisoners serving aggravated life sentences from the "right to hope."
Among the prisoners affected is Kurdish People’s Leader Abdullah Öcalan, who has been held in isolation on İmralı Island since his capture on February 15, 1999. The ECtHR ruled in 2014 that his sentence without the possibility of parole violated Article 3 of the ECHR, which prohibits inhuman and degrading treatment. Similar rulings were made for other political prisoners such as Hayati Kaytan, Emin Gurban, and Civan Boltan. However, Turkey has yet to implement any legal changes.
Ahead of a scheduled review by the Council of Europe’s Committee of Ministers in September, organizations such as the Lawyers for Freedom Association (ÖHD), Human Rights Association (İHD), and several regional bar associations submitted a petition urging Turkey to comply with ECtHR rulings.
‘4 THOUSAND PRISONERS AFFECTED’
Speaking about the issue, Kahraman noted that approximately 4 thousand people in Turkey are currently serving sentences without any possibility of release. He emphasized that Öcalan is seen as a key figure in ongoing political discussions, stating: "Both Kurds and the state recognize him as a chief negotiator. His continued imprisonment without the right to hope casts uncertainty over the process."
Kahraman warned that life sentences without parole, particularly for political prisoners, amount to lifelong solitary confinement, institutionalizing torture. "This is not only a prisoners' issue, it concerns all of society, especially bar associations and legal institutions," he said.
LEGAL OBLIGATIONS IGNORED
Highlighting Turkey’s legal obligations, Kahraman pointed to Article 90/5 of the Turkish Constitution, which states that international human rights treaties override conflicting national laws. "Despite this, Turkey has refused to amend its practices since 2014," he noted.
‘PARLIAMENT MUST ACT’
Kahraman concluded by stressing that only organized societal pressure can push Parliament to act: "The people's demand for peace will bring the right to hope and force the necessary legal reforms. This is not an individual struggle; it’s a collective responsibility."
MA / Yesim Tukel