ISTANBUL - There has been no news for 22 months from PKK Leader Abdullah Öcalan, who is being held in İmralı Prison. The UN Human Rights Committee demanded an end to the lack of communication from Turkey upon the application of lawyers.

 

PKK Leader Abdullah Öcalan and Hamili Yıldırım, Veysi Aktaş and Ömer Hayri Konar, who have been held under heavy isolation conditions in İmralı Type F High Security Closed Prison since February 15, 1999, when he was brought to Turkey with an international conspiracy, have not been heard for 22 months. Öcalan held 5 "exceptional" meetings with his lawyers in 2019 as a result of public pressure caused by the hunger strikes that started on November 8, 2018 and spread to all prisons under the leadership of Democratic Society Congress (DTK) Co-chair Leyla Güven. Öcalan has not been allowed to meet with his lawyers since July 27, 2011, when the last of the talks was held. The last date that Öcalan contacted his family is March 25, 2021. Öcalan had an intermittent phone call with his brother Mehmet Öcalan for 4 and a half minutes. After this meeting, Öcalan's voice is prevented from being reflected outside.

 

APPLICATIONS WERE NOT ANSWERED

 

In the same year, 71 applications made by Asrın Law Office to the Bursa Chief Public Prosecutor's Office and the Imarlı Prison regarding the family opinion of Abdullah Öcalan and other prisoners were not answered. In addition, 202 applications made during the year regarding the lawyer meeting were left unanswered.

 

DISCIPLINARY PENALTIES 

 

After the applications made to these two institutions were left unanswered, the lawyers applied to the Bursa Execution Judge on March 30, 2021. The lawyers' request was quickly denied the same day. After this application, on January 29, 2021, it was revealed that there was a disciplinary penalty that prevented the lawyer and family from visiting. Due to the lack of news, the lawyers applied to the judgeship again on November 22, 2021. In the application, attention was drawn to the "Incommunicado" state, drawing attention to the findings made by the United Nations (UN) Human Rights Committee (HRC) and the European Committee for the Prevention of Torture (CPT). This application was also rejected. It was learned that with this application, the Imrali Disciplinary Board was given a disciplinary penalty preventing family visits for 3 months, and on October 12, 2021, a 6-month lawyer ban was ordered by the judge.

 

THE LAWYERS FILED A CRIMINAL COMPLAINT

 

On October 1, 2021, the lawyers applied to the Bursa Execution Judge in this context. The judgeship ignored the decision of the ECtHR and pointed to the Constitutional Court. Lawyers applied to the Constitutional Court on December 3, 2021 with the same request. In addition, lawyers filed a criminal complaint against all judges and prosecutors to the Board of Judges and Prosecutors (HSK) and Bursa Chief Public Prosecutor's Office on December 22, 2021.

 

THE RESPONSE OF AYM

 

Lawyers applied to the Constitutional Court on December 24, 2021 for an injunction to stop and end these actions and practices of the administrative and judicial authorities. The Constitutional Court rejected this request on January 12, 2022 and notified the lawyers of the decision on January 31, 2022, despite the fact that the application was urgent and precautionary.

 

THE APPLICATIONS ARE PENDING

 

In addition to the applications made at the local level in 2021, 19 applications were made to the Constitutional Court, which is a high court, and 5 applications to the ECHR. Along with these applications, 79 individual applications to the Constitutional Court and 12 applications to the ECtHR were pending.

 

APPLICATION FROM CIVIL SOCIETY

 

Throughout 2021, lawyers made many applications to the Union of Turkish Bar Associations (TBB), bar associations, Parliament, national and international non-governmental organizations, with requests to follow the isolation and make visits. At the same time, an application was made to the Ministry of Justice with an appointment request. The ministry did not respond to the request for an appointment. In addition, the inability to receive news from Abdullah Öcalan and other prisoners prompted legal organizations to take action. Legal organizations, including the Lawyers' Association for Freedom (ÖHD), launched a petition for a meeting with Abdullah Öcalan. 775 lawyers registered to 29 bar associations applied to the Ministry of Justice on June 10-17, 2021, signing for a meeting with Abdullah Öcalan. The Ministry did not respond to these applications.

 

350 LAWYERS FROM 22 COUNTRIES

 

Lawyers in Europe and the Middle East applied to the Ministry of Justice to meet with Abdullah Öcalan. 350 lawyers from 22 countries around the world applied to the Ministry of Justice on September 14, 2022, requesting a meeting with Abdullah Öcalan, who was held under severe isolation conditions in İmralı. Stating that the isolation in Imrali, which has been deepened by the absence of news for more than a year, constitutes an international violation in the prevention of torture, the lawyers also made the same application to the European Bar Association, the Union of Turkish Bar Associations and international human rights organizations. The lawyers announced their application at a press conference at the Brussels European Press Club, the capital of Belgium.

 

691 LAWYERS FROM SYRIA

 

691 lawyers from Northern and Eastern Syria, Tartus, Aleppo, Homs and Latakia came together in front of the Social Justice Council in Qamishlo on September 19 and condemned the isolation imposed upon Abdullah Öcalan. Lawyers sent a letter to the Ministry of Justice and demanded an end to the isolation.

 

CPT VISITED IMRALI

 

Following the applications of hundreds of lawyers from the Middle East and Europe, as well as legal organizations in Turkey, the European Committee for the Prevention of Torture (CPT), affiliated to the Council of Europe (EC), announced that it visited Imrali on September 20-29.

 

CPT did not give any information about the content of the visit. Regarding their visit, Therese Rytter, 2nd Vice President of the CPT, said: “I can say that we have visited all the prisoners in Turkey, but I cannot explain our findings. These will be announced if the report is made public. We will approve the report we prepared for the visit and send it to Turkey in March 2023. Turkey will have 6 months to respond, and then the CPT will decide whether it wants to publish its report. We have unhindered access to anyone deprived of their liberty."

 

STATEMENT FROM LAWYERS

 

These visits and statements further increased the concerns about Abdullah Öcalan and other prisoners in İmralı. Asrın Law Office made a statement after the CPT's visit and demanded that the CPT make a public statement as soon as possible and implement the necessary procedures to abolish torture conditions.

 

Asrın Law Office's lawyers made a statement on November 29, "We have heard that Mr. Öcalan has not been interviewed". Lawyers stated that the situation in question could be a protest against the unlawfulness of Abdullah Öcalan and other prisoners.

 

DISCIPLINE PENALTY BEFORE VISIT

 

Asrın Law Office also announced that just before the CPT's visit to Imrali, the Imrali Disciplinary Board Presidency imposed a 3-month "disciplinary penalty" on Abdullah Öcalan and other prisoners on September 9, and this became final on September 28.

 

POLITICAL APPLICATIONS

 

At a time when the isolation and barriers to meeting continued and concerns deepened, the applications of political parties began. Peoples' Democratic Party (HDP) Co-Chairs Pervin Buldan and Mithat Sancar, HDP Party Spokesperson Ebru Günay and HDP Urfa MP Ömer Öcalan applied to the Ministry of Justice to meet with Abdullah Öcalan on October 20. In the following processes, DTK Co-chair Berdan Öztürk, Democratic Regions Party (DBP) Co-Chair Saliha Aydeniz and many HDP MPs applied to meet with Abdullah Öcalan.

 

LAWYERS WERE BANNED

 

The 6-month lawyer ban decision given by the judge on October 12, 2021 ended on April 22, 2022. Upon the expiry of the ban, the lawyers did not receive any response to their applications to meet with their clients, so the lawyers applied to the Bursa Execution Judge once again on April 29. The application was rejected due to a new 6-month lawyer visit ban issued on April 13. No information was given to the lawyers about the reason for the ban.

 

NEW BANS

 

After the disciplinary punishment given on September 9, 2022 ended on December 9, the lawyers made 3 separate applications to both the prison and the prosecutor's office on December 15 and 23, 2022 and January 3, 2023; however, these applications were also unsuccessful. On January 4, Bursa Execution Judge informed lawyers that Abdullah Öcalan and other prisoners were given a new 3-month family visit ban. While the reason for the ban was explained as "disciplinary punishment", no information was shared about why the punishment was given and the date of punishment. Lawyers appealed the decision on January 10. Bursa High Criminal Court rejected the application on the same day.

 

THEY SET THEIR BODY ON FIRE

 

Against the isolation imposed on Abdullah Öcalan, Bubo Taş set fire to his body in Merdin on January 13 and Mehmet Akar in Amed on January 16. Taş and Akar stated in the messages they left behind that they set their bodies on fire against the isolation.

 

UN PROCESS CONTINUES

  

Asrın Law Firm's lawyers applied to the United Nations (UN) Human Rights Committee at the end of 2022. By sending this application to Turkey, the Committee requested interim measures, including ending the state of "incommunicado", which is the absolute state of non-communication, and allowing lawyers to meet with their clients immediately without interruption.

 

MA / Mehmet Aslan