Abdullah Öcalan has been imprisoned on İmralı Island in the Sea of Marmara since February 1999. He is serving a life sentence for violating article 125 of the Turkish Penal Code.[1] Initially he was sentenced to death[1] but the conviction was commuted to a life sentence in October 2002.[2] Abdullah Öcalans imprisonment and the detention conditions are an issue that constantly causes constraints in the Turkish-Kurdish political sphere which has also an influence on the relations between Turkey and international organizations.

Background

Abdullah Öcalan is a founder of the Kurdistan Workers' Party (PKK), a militant group which initially aimed for an independent Kurdistan but later adapted their demands towards cultural and political rights for the Kurds.[3] He has led the PKK and its struggle from bases in Lebanon and Syria until he was expelled from Syria in October 1998. Following he toured through several countries in Europe and Africa which all refused to either detain and try him or grant him asylum.[4]

Capture and trial

Abdullah Öcalan was eventually captured in Nairobi, Kenya by an operative of the Turkish Secret Service in February 1999 and brought to the prison facility on Imrali island.[4] His trial began on 31 May 1999 and concluded on 29 June with a death sentence for treason and separatism. The death sentence was commuted into life imprisonment in October 2002.

Despite his imprisonment for more than 25 years, Öcalan is still respected and seen as the leader of the PKK by several political actors within Turkey and representatives of the Kurdish diaspora. His calls to lay down arms, to turn themselves in and to hold peace negotiations were often followed by members of the PKK.[3] In the past peace negotiations were also facilitated by the Turkish authorities.[5][6]

Detention conditions

Since his capture in February 1999, he has spent several years in solitary confinement on Imralı Island.[7] In November 2009 five other prisoners were brought on the island,[8] on which a new detention facility was built. The new prison was built after the Council of Europe's Committee for the Prevention of Torture (CPT) visited the island and objected to the conditions in which he was being held.[9][10] That Öcalan would be allowed to engage with the other prisoners for ten hours a week was announced by Turkish authorities.[9] In 2014 the European Court of Human Rights (ECHR) ruled in that there was a violation of article 3 in regards of him being to only prisoner on İmralı Island until 17 November 2009.[11]

Detention facility

In 2010 the CPT has visited Imrali prison and noticed that Öcalan had gained reasonable enhancements in his treatment.[12] He is situated in a cell of about 10m2 with access to a sanitary compound of about 2m2. In the cell there is enough place for a table, chairs, a bed and also a sink.[12] Besides he has access to an outdoor facility of 24m2.[12] The cell lacks of a direct natural light source, which is caused by the 7 meter high wall which surrounds also the outdoor facility.[12] In addition the right to listen to the radio and read newspapers, which he was granted before, he was also provided with a television in January 2013.[13]

Interactions between inmates

Having been the only inmate until November 2009,[11] today he can choose between taking part in physical activities like table tennis, volleyball, and basketball, which he can play each for one hour per week.[14] Besides he is also allowed to play chess for one hour per week.[14] On Imrali, inmates can meet once a week for a so-called "conversation hour".[15]

Visitation rights

From 27 July 2011 until 2 May 2019 his lawyers were not allowed to meet Abdullah Öcalan.[16] From July 2011 until December 2017 his lawyers filed more than 700 appeals for visits, but all were rejected.[17] Öcalan was banned from receiving visits almost two years from 6 October 2014 until 11 September 2016, when his brother Mehmet Öcalan visited him for Eid al-Adha.[18] On 6 September 2018 visits from lawyers were banned for six months due to former punishments he received in the years 2005–2009, the fact that the lawyers made their conversations with Ocalan public, and the impression that Öcalan was leading the PKK through communications with his lawyers.[16] He was again banned from receiving visits until 12 January 2019 when his brother was permitted to visit him a second time. His brother said his health was good.[19] The ban on the visitation of his lawyers was lifted in April 2019, and Öcalan saw his lawyers on 2 May 2019.[16]

Political influences

In 2011, almost a hundred Kurdish mayors were charged with terror propaganda for demanding better detention conditions for Öcalan.[20] Politicians of the pro-Kurdish Peoples Democratic Party (HDP) brought the issue of the solitary confinement several to the Turkish parliament and demanded Öcalan to be allowed to communicate with his relatives and lawyers.[21] During the peace process between the PKK and Turkey Öcalan received visits by politicians of the Peace and Democracy Party (BDP), between January 2013[22][23] and March 2013.[24] In support of the peace process, the PKK released six Turkish soldiers and two state employees on orders of Öcalan in March 2013.[25]

After Öcalan's capture, rallies before embassies in several countries were organized.[26] As security guards opened fire at intruders of the Israeli consulate in Berlin, two persons have died.[27] And of seventy-four people which self-immolated themselves in protest of the capture, sixteen have died.[26] There have been held regular demonstrations by the Kurdish community to raise awareness of the isolation of Öcalan.[28] Since at least 2015, rallies demanding the liberation of Abdullah Öcalan are held each February in Strasbourg, the seat of the European Court of Human Rights (ECHR).[29][30][31]

Hunger Strikes

Over 140 Kurdish associations organized hunger strikes in protest of the capture of Öcalan.[26] In later years hunger strikes which demanded an end to the solitary confinement of Abdullah Öcalan.[21] In September 2012 some prisoners began a hunger-strike which with time involved thousands of prisoners but also politicians of pro Kurdish parties.[32] In November 2012 about 10'000 Kurdish prisoners joined the hunger strike for better detention conditions for Öcalan and the right to use the Kurdish language in trial and the start of peace negotiations between Turkey and the Kurdistan Workers' Party (PKK).[33] It lasted for sixty-eight days until Öcalan demanded its end.[34][32] Several politicians of the HDP have taken part in hunger strikes demanding an enhancement of the detention conditions.[35] The former HDP MPs Leyla Güven, Sebahat Tuncel and Selma Irmak have also participated in a hunger strike.[36] Leyla Güven ended her hunger strike in May 2019[37] only after Öcalan was able to receive a visit by his lawyers[37] and called for an end of the hunger strikes.[38][37]

References

  1. 1 2 "Text of the Öcalan verdict". BBC. Retrieved 2021-11-17.
  2. ↑ "Kurd's Death Sentence Commuted to Life Term". Los Angeles Times. 2002-10-04. Retrieved 2021-11-17.
  3. 1 2 Marcus, Aliza (2009). Blood and belief : the PKK and the Kurdish fight for independence (1. ed.). New York: New York University Press. pp. 287–8. ISBN 978-0814795873.
  4. 1 2 Gökkaya, Hasan (15 February 2019). "Der mächtigste Häftling der Türkei". Die Zeit. Retrieved 2021-11-17.
  5. ↑ Akdan, Irfan (26 November 2014). "Çözüm Sürecinin Kronolojisi". Bianet.
  6. ↑ "Chronology of Peace Process in Turkey". Hafıza Merkezi. Retrieved 2021-11-17.
  7. ↑ "European court chides Turkey over Kurd leader Ocalan". BBC. 2014-03-18. Retrieved 2021-11-17.
  8. ↑ "PKK leader Ocalan gets company in prison". UPI. Retrieved 2021-11-17.
  9. 1 2 Villelabeitia, Ibon (18 November 2009). "Company at last for Kurdish inmate alone for ten years". The Scotsman. Archived from the original on 13 August 2011. Retrieved 27 November 2009.
  10. ↑ Erduran, Esra (10 November 2009). "Turkey building new prison for PKK members". Southeast European Times. Archived from the original on 19 November 2009. Retrieved 27 November 2009.
  11. 1 2 "Terrorism and the European Convention on Human Rights" (PDF). European Court of Human Rights. 18 March 2014.
  12. 1 2 3 4 "Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)". Council of Europe. p. 7.
  13. ↑ "Öcalan's TV keeps politicians busy - Turkey News". Hürriyet. 16 January 2013. Retrieved 2021-11-20.
  14. 1 2 "Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)". Council of Europe. p. 10.
  15. ↑ "Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)". Council of Europe. p. 8
  16. 1 2 3 "Öcalan-Anwälte: Kontaktverbot faktisch in Kraft". Firat News Agency (in German). Archived from the original on 17 May 2019. Retrieved 2019-05-17.
  17. ↑ "Lawyers' appeal to visit Öcalan rejected for the 710th time". Firat News. Archived from the original on 26 December 2018. Retrieved 2018-02-17.
  18. ↑ "Inhaftierter PKK-Chef: Erstmals seit zwei Jahren Familienbesuch für Öcalan". Der Spiegel. 2016-09-12. Retrieved 2019-01-14.
  19. ↑ Kurdistan24. "PKK's Ocalan visited by family in Turkish prison, first time in years". Kurdistan24. Archived from the original on 30 August 2019. Retrieved 2019-01-14.{{cite web}}: CS1 maint: numeric names: authors list (link)
  20. ↑ "Turkey charges Kurdish politicians over Ocalan appeal". BBC News. 2011-08-03. Retrieved 2023-02-18.
  21. 1 2 "Isolation of PKK leader Öcalan, hunger strikes in prisons on Parliamentary agenda". Bianet. 15 June 2021.
  22. ↑ "Kurdish Deputies Meet Ocalan on Imrali Island". 4 January 2013.
  23. ↑ Butler, Daren (2013-02-26). "Kurdish rebel leader warns of disaster if no Turkey peace". Reuters. Retrieved 2021-11-20.
  24. ↑ "Kurdish Deputies Set Off For Imrali". Bianet. 18 March 2021.
  25. ↑ Letsch, Constanze; Traynor, Ian (2013-03-13). "PKK free Turkish hostages to reinforce peace talks with Erdogan government". The Guardian. Retrieved 2021-11-20.
  26. 1 2 3 Gürbüz, Mustafa (2016). Rival Kurdish Movements in Turkey. Amsterdam: University of Amsterdam. p. 49. ISBN 9789089648785.
  27. ↑ Hooper, John (1999-02-18). "Military action and three deaths after Ocalan's capture". The Guardian. ISSN 0261-3077. Retrieved 11 December 2021.
  28. ↑ "Demonstrations for Öcalan in Europe". ANF News. Archived from the original on 26 December 2018. Retrieved 27 December 2018.
  29. ↑ Zeitung, Süddeutsche (15 February 2020). "Kurden demonstrieren in Straßburg für Freilassung Öcalans". Süddeutsche.de (in German). Retrieved 2021-11-17.
  30. ↑ "Kurds march in Strasbourg for release of former PKK leader Öcalan". RFI. 2019-02-16. Retrieved 2021-11-17.
  31. ↑ Tas, Latif. "What kind of peace? The case of the Turkish and Kurdish peace process". Open Democracy. Retrieved 2021-11-17.
  32. 1 2 "After the Hunger Strike". The New Yorker. 2012-11-27. Retrieved 2021-11-19.
  33. ↑ Pichler, Melanie; Ajanović, Edma (5 October 2016). "Women for democracy in Turkey?". Red Pepper. Retrieved 2020-10-18.
  34. ↑ "Kurdish prisoners end hunger strike after Ocalan appeal". BBC News. 2012-11-18. Retrieved 2021-11-19.
  35. ↑ "Arrested Politicians Sebahat Tuncel, Selma Irmak Go on Hunger Strike". 15 January 2015.
  36. ↑ "Arrested Politicians Sebahat Tuncel, Selma Irmak Go on Hunger Strike". Bianet. 15 January 2019.
  37. 1 2 3 "Besuchsverbot für PKK-Gründer Öcalan aufgehoben | DW | 16.05.2019". Deutsche Welle (in German). 16 May 2021. Retrieved 2021-11-17.
  38. ↑ "Leyla Güven: I End My Hunger Strike". Bianet. 26 May 2019.
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