THE KURDISH HUMAN RIGHTS PROJECT EXPRESSES SERIOUS CONCERN ABOUT THE NATURE OF THE ARREST AND DETENTION OF THE PKK LEADER, MR. ABDULLAH OCALAN, AS WELL AS HIS SUBSEQUENT TRIAL AND SENTENCE.

Press Release: 6 July 1999

On 16 February 1999, Mr. Ocalan was arrested in Kenya by Turkish security forces and removed to Turkey by force. Since this time he has been incarcerated on the prison island of Imrali, off of the coastal town of Mudanya, Turkey. He was charged under Article 125 of the Turkish penal code with treason and held responsible for the deaths of some 30,000 people as a result of the fifteen year armed rebellion against the Turkish state led by the Kurdistan Workers’ Party (PKK).

The trial of Mr. Ocalan commenced on 31st May 1999. On 29th June 1999, Mr. Ocalan was sentenced to death. His case will automatically be referred to the Court of Appeal, a process which is normally expected to take between three and seven months. If the appeal is unsuccessful, the case will then be referred to the Turkish parliament for ratification of the death penalty. The death penalty has not been carried out in Turkey since 1984 and there are currently 36 death sentences awaiting ratification by the Turkish Parliament. In the event that the death penalty is upheld, it is expected that Mr. Ocalan will pursue a case before the European Court of Human Rights.

The circumstances surrounding the Turkish authorities’ treatment of Mr. Ocalan give rise to the following serious concerns:

1. There is concern about the legitimacy of Mr. Ocalan’s arrest in Kenya. Under international law, when a person is arrested and charged with a criminal offence, it is a valid ground of objection to the exercise of the trial court’s jurisdiction that the prosecuting authority secured the accused’s presence before the court by forcibly abducting him from within the territory of another State in violation of the laws of that State and in disregard of available procedures to secure his lawful extradition. It is far from established that these issues were examined by the Turkish court at the time of the arrest.
2. Following his arrest, Mr Ocalan was held without access to legal representatives for a period of ten days. Turkish law permits four days’ incommunicado detention. A ruling of the European Human Rights Commission Council of State prohibits detainees being held incommunicado for more than four days and six hours.
3. Mr. Ocalan’s legal representatives filed an application with the European Court of Human Rights concerning his arrest and detention, alleging breaches of Articles 2, 3, 5 and 6 of the European Convention on Human Rights. They also asked the Court to indicate the interim measures that Turkey should adopt. On 4th March 1999 the European Court requested the Turkish authorities to secure compliance with Mr. Ocalan’s rights under Article 6 of the European Convention in respect of the domestic legal proceedings, including his right to see and have unrestricted, effective and private access to his lawyers. Despite the European Court’s direction, Mr. Ocalan’s access to legal counsel was subject to the most severe restrictions. Meetings with legal counsel were limited to one hour and took place within the sight and hearing of military personnel. Legal representatives were not allowed to take notes of their communications with Mr. Ocalan and were not allowed to take the case files into the interview room.
4. Mr. Ocalan’s trial was held before the Turkish State Security Court. The European Court had ruled in the cases of Incal v Turkey (9 June 1998) and Ciraklar v Turkey (28 October 1998), that the fair trial requirements of Article 6 of the European Convention were not satisfied as the presence of a military judge presiding on State Security Courts undermined the independence and impartiality of the Court. On 24 May 1999, in a bid to deflect international criticism, the Turkish parliament passed a bill that resulted in the removal of the military judge from State Security Courts. The final hearings in the case of Mr. Ocalan were held without the presence of a military judge. However, a military judge had been involved in the case and had participated in the Court’s rulings prior to the adjournment of the case on 8th June 1999.

KHRP welcomes the reform of the much criticised State Security Court by the Turkish government. However KHRP continues to call for the following action

• Turkey should adopt the 6th Protocol of the European Convention of Human Rights which calls for the abolition of the death penalty
• the Turkish government must comply with the interim measures requested by the European Court in relation to the domestic proceedings against Mr. Ocalan
• the Anti-Terror Law and associated procedures must be suspended in the light of Turkey’s international human rights obligations
• the international community should assist Turkey to establish a democratic dialogue with the Kurds in order to bring an end to the current conflict

 

NOTES FOR EDITORS: