Lawyers participating in the 4th Ordinary General Assembly of the Association of Lawyers for Freedom (ÖHD) held in Amed on 13 April evaluated Kurdish People's Leader Abdullah Öcalan's "Call for Peace and Democratic Society" dated 27 February and the "right to hope". 

 

Lokman Emen from ÖHD Mêrdîn (Mardin) Branch pointed out that the isolation in İmralı was "partially" lifted after a long break and noted that a historic call was made immediately afterwards. Emen stated that even the "partial" lifting of the isolation created hope in the society and said, "Both lawyers and all segments of the democratic society should support this. Because we all aim for a society where democracy, law and human rights prevail; an environment where peace and equality prevail." 

 

‘THE RIGHT TO HOPE MUST BE IMPLEMENTED’ 

 

Pointing out that Öcalan's call increased the hope for peace in the society, Emen said, "Unfortunately, no progress was made afterwards and no steps were taken. Permanent peace can be realised under equal parties and equal conditions. Therefore, in order for these conditions to be realised, the conditions in İmralı must be changed and the heavy isolation conditions must be corrected." 

 

Stating that names from all circles should have direct contact with Abdullah Öcalan, Emen added, "These steps should be taken immediately. This is the expectation of both us as lawyers and the whole society." Emen reminded the violation decision of the European Court of Human Rights (ECHR) on the "right to hope" and underlined that this right should be implemented. 

 

Emen said, "We can approach this on two grounds; both the rights-based 'right to hope' should be implemented. It should also be put into effect as a requirement of the call and need for peace. The doors of İmralı need to be opened." 

 

‘LAWYER VISIT IS NOT A FAVOUR’

 

Erhan Çiftçiler from ÖHD Wan (Van) Branch stated that Öcalan was not allowed to meet with his lawyers. Stating that this situation means that the isolation has not been lifted, Çiftçiler said, "As long as this is not ensured, the isolation continues. Family and lawyer visits are not a favour. There is a need for clear legal arrangements against isolation." 

 

"With or without this process, what we call the ‘right to hope’ is a right that must be included in Turkey's legislation," said Çiftçiler and reminded the violation decisions of the ECtHR on the “right to hope”. 

 

Çiftçiler stressed: "Whether this process will succeed or not is a different thing. Regardless of where the process leads, Turkey needs to make a legal regulation on the 'right to hope'. Making a legal regulation on the ‘right to hope’ is related to the democratisation of this country, it is a legal obligation." 

 

Emphasising that Turkey has to implement the ECtHR judgements, Çiftçiler said, "Because you have bound yourself in Article 90 of the Constitution. Turkey has made a commitment to both international mechanisms and its own domestic legal mechanisms that ‘we have to comply’. Therefore, the ‘right to hope’ must be ensured." 

 

STEPS TO BE TAKEN 

 

Pointing to the steps to be taken after Öcalan's call, the Çiftçiler said: "Prisons are overflowing. Execution problems of politicians, freedom of expression and thought, Anti-Terror Law (TMK)... Regulations should be made in the execution law. Legal arrangements should be made regarding the status of individuals after laying down arms. Legal obstacles should be removed. These are needs. Making such arrangements is a part of the process. In order for the process to proceed in a healthy way, these are things that correspond to the legal pillar."

 

Emphasising that the Kurdish question can be solved through democratisation, Çiftçiler added, "First of all, it is necessary to expose the existing injustice, to spread it to the public and to create a demand from the public on this issue. With this demand, the law becomes democratised. Therefore, our main duty is to carry out the necessary work for the democratisation of the law." 

  

MA / Rukiye Payiz Adıgüzel