On March 18, 2014, the European Court of Human Rights (ECHR) ruled that the imposition of aggravated life imprisonment without the possibility of conditional release on PKK leader Abdullah Öcalan violated Article 3 of the European Convention on Human Rights (ECHR), which prohibits torture. The ECHR asked Turkey to make legal arrangements to eliminate the consequences of the violation under the “right to hope”. 

 

However, despite the 10 years that have passed, Turkey has not taken any steps in this regard. In order to ensure Abdullah Öcalan's “right to hope”, various rights and legal organizations, especially his lawyers, notified the Committee of Ministers of the Council of Europe, which is responsible for monitoring the implementation of the ECtHR's judgments. In the notifications, they demanded that Turkey take concrete steps to ensure the right to hope by implementing legal regulations on this issue.

 

Commenting on the “right to hope” and the recent discussions on this right, Law Office of the Oppressed (EHB) member lawyer Özlem Gümüştaş said that this right is a political and legal concept. Stating that the right to hope emerged out of the struggle for human rights and justice, Özlem Gümüştaş said that the right to hope was developed in response to the death penalty in the law. Özlem Gümüştaş stated that there was a struggle for the abolition of the death penalty and for the right to hope to be included in the law. 

 

 

Pointing to Turkish Nationalist Movement Party (MHP) Chair Devlet Bahçeli's remarks about PKK Leader Abdullah Öcalan, Özlem Gümüştaş said: "This is a result of the struggle against the death penalty in Turkey. It is a response to the struggle that has been waged for many years, especially against Mr. Öcalan and many other prisoners like him. It is the acceptance and profection of this."

 

'RIGHT TO HOPE MUST BE IMPLEMENTED'

 

Özlem Gümüştaş reminded that the death penalty in Turkey was abolished in 2022 and replaced with aggravated life imprionment, and said that this regulation is a violation of the right to hope. Stating that not recognizing the "right to hope" is a treatment incompatible with human dignity, “Laws are not obliged to torture a person during his execution and oppress him and his relatives. For this reason, articles in accordance with universal human rights should be enacted. Turkey also needs to turn away from aggravated life imprisonment. The most prominent example of this is Mr. Abdullah Öcalan and his case. The sentence of imprisonment until death for Öcalan must be changed to life imprisonment within the framework of the 'right to hope',” said Özlem Gmüştaş. 

 

'ÖCALAN HAS SERVED HIS SENTENCE'

 

PKK Leader Abdullah Öcalan's physical freedom must be ensured said Özlem Gümüştaş and added: “Because if we think in the context of laws and universal principles, the execution of Mr. Abdullah Öcalan has already been completed. Öcalan has not been in contact with his family and lawyers for years. There is an absolute, uninterrupted lack of communication. This is beyond what the Turkish execution system defines. The ECHR says 'Give up on this'. But the Turkish state insists on absolute isolation. This must be eliminated and the fundamental rights of the person must be exercised.”

 

UNLAWFUL PUNISHMENT SYSTEM

 

Özlem Gümüştaş stated that they have made numerous applications against the unlawful treatment of PKK Leader Abdullah Öcalan and continued her words as follows: “The Turkish state, the AKP-MHP regime, has started a right to hope debate around Öcalan. Undoubtedly, we can make many political analyzes and evaluations in terms of the reasons and aims of these debates. But the important and fundamental issue today is to put an end to the unjust, unlawful system of punishment, which is nothing more than aggression within the framework of the right to hope. It is to demand the end of the island-type punishment and the absolute isolation system, especially Öcalan's freedom. I call on the democratic and revolutionary public opinion to embrace this and take it up.”

 

MA / Ömer İbrahimoğlu