Lawyer Demir: Conditions must be met for the release of Abdullah Ocalan

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  • 11:14 22 February 2024
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ŞIRNEX - Stating that PKK Leader Abdullah Ocalan maintains his position on the solution of the Kurdish issue, lawyer Berhivi Demir said: “Conditional release must be discussed and appropriate conditions must be provided. This is an essential situation for Turkey's democratization."

There has been no news from PKK Leader Abdullah Ocalan for 35 months. Ocalan has been held under absolute isolation conditions in Imralı Type F High Security Prison for 25 years. On January 22, 1,330 lawyers applied to the Ministry of Justice, demanding a meeting with Abdullah Ocalan, against the state of absolute lack of communication maintained by systematic disciplinary penalties on Imralı Island. Berhivi Demir, one of the applicant lawyers, pointed out that Turkey has obligations in accordance with its own laws and international agreements to which it is a party, and underlined that the Constitution must be applied equally to everyone.
 
'LAWS ARE VIOLATED IN PRISON'
 
Demir stated that, at this point, prisons have become places where the laws are least enforced and said: “If we do not speak out against human rights violations, torture and ill-treatment in prisons and do not create public opinion about them, the unlawfulness practiced in prisons will be reflected on the whole society. Therefore, if we give the greatest reaction to the places where the most lawlessness occurs, we can prevent lawlessness to some extent. In this sense, laws are violated, especially in prisons."
 
PRISONS REPORT OF CPT
 
Stating that the absolute isolation in Imralı deepened with complete isolation first in Type F prisons and then in Type S and Y prisons, Demir said: "Mental disorders are the causes of mental disorders that alienate prisoners and convicts from society, isolate them, break their will and also cause serious damage to the physical structure of people. In addition, they are designed as single rooms, which seriously affects health. The European Committee for the Prevention of Torture (CPT) published an advisory report regarding these practices after visiting prisons in Turkey. But unfortunately, Turkey does not comply with these recommendations. Although there is no legal basis for isolation in the international agreements to which Turkey is a party and in existing laws, isolation is a systematic method of torture that is contrary to human dignity."
 
Pointing out that the law regulates prisoners' telephone and lawyer meetings, Demir said: “It is a legal obligation for everyone to benefit from these clear legal regulations. Because Article 10 of the Constitution states that everyone is equal before the law and Article 2 of the Execution Law states that it applies to everyone without discrimination of religion, language or race.”
 
POSITION OF OCALAN
 
Emphasizing that Abdullah Ocalan, who was subjected to absolute isolation, maintained his political position as a negotiator in the solution of the Kurdish issue, Demir said: “The isolation imposed on him, in a sense, deepens the economic crisis. Isolation practices lead to increased human rights violations, restrictions on freedoms and economic crises. It is now a necessity to end the isolation imposed on Imralı prison in order to solve the Kurdish issue through peaceful methods as the rightful and legitimate demand of the people, to pave the way for the democratization of Turkey and to realize the people's demand for social peace."
 
'CONDITIONAL RELEASE MUST BE DISCUSSED'
 
Stating that those sentenced to aggravated life sentences can normally benefit from parole, Demir said that a special law was passed to prevent the release of Abdullah Ocalan. Stating that Abdullah Ocalan's conditional release was prevented by Article 17 of the Execution Law No. 5275, Demir said: “It is known that this article violates the 'Right to Hope'. Moreover, in 2014, the European Court of Human Rights (ECHR) made a decision in favor of Ocalan and stated that this article violated the 'Right to Hope'. Conditional release must be discussed and appropriate conditions must be provided. Ensuring Mr. Ocalan's physical freedom is essential for the democratization of Turkey. It will also bring about the silence of the weapons and the economic prosperity of the country. If the law is to be applied equally to everyone, then everyone must benefit, as stated in Article 10 of the Constitution. This includes Mr. Ocalan."
 
MA / Ömer Akın

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