ISTANBUL - Emran Emekçi, one of the lawyers of Asrın Law Firm, emphasized that the "disciplinary punishments" used as a justification for the İmralı isolation were abstract and illegal, and drew attention to the importance of the social and political struggle against isolation.

 

Brought to Turkey on February 15, 1999 as part of an international conspiracy, PKK Leader Abdullah Öcalan has been held in isolation in İmralı Type F High Security Prison for 25 years. The isolation imposed on Öcalan was deepened on July 27, 2011. Until 2016, Öcalan was prevented from meeting with his lawyers on the grounds of "the ship is broken" and "adverse weather conditions". Then, the meetings began to be prevented on the grounds of "disciplinary punishments".

 

Abdullah Öcalan was able to meet with his lawyers 5 times in 2019 due to the prisoners' hunger strike resistance. Despite Justice Minister Abdülhamit Gül’s statement on May 16, 2019 that “there is no legal obstacle to the ban on visits,” lawyers were not allowed to go to İmralı after the last visit date of August 7, 2019. Öcalan was last able to meet with his family face to face on March 3, 2020. Öcalan last had an intermittent phone call with his brother Mehmet Öcalan on March 25, 2021. There has been no news of Öcalan since that date.

 

EMEKÇİ: THERE IS NO OTHER EXAMPLE

 

Emran Emekçi, one of the lawyers of Asrın Law Firm who represented Abdullah Öcalan, evaluated the isolation imposed on his client. Describing July 27, 2011 as "the date when the foundations of arbitrary lawlessness and lack of legal security in İmralı were laid", Emekçi said: "Not allowing access to a lawyer since that date is a peculiarity specific to Turkey and has no other example. Even in the Geneva Convention, the right to access a lawyer is not prevented and is an absolute right. It was also determined by the CPT's 2013 report that this was a political decision. If the right to access a lawyer is not recognized somewhere, no decision made there has legal legitimacy. Any action depriving defense is unlawful. This is a fundamental principle of the world legal system."

 

'THE POLITICAL DECISION HAS BEEN CONTINUING FOR 13 YEARS'

 

Emekçi, who said that while the isolation was continuing, a wave of arrests was launched under the name of "KCK" for Öcalan's lawyers, stated that he was also in prison at the time, "Erdoğan had answered a journalist's question 'Why are you not allowing Öcalan to meet with his lawyers?' by saying 'Let the lawyers stay aside.' This confirmed the CPT's determination that it was a political decision. This political decision has been continuing uninterruptedly for 13 years" he said.

 

Reminding that lawyers were not allowed to meet with their clients in any way between 2013 and 2015, when the talks with Öcalan were initiated, Emekçi said that they evaluated this situation as "preventing Öcalan from obtaining information from various sources."

 

Emekçi, who evaluated the meeting held after the hunger strikes as an "exception" and said that, the same political decision was continued until today without any interruption for various reasons. 

 

'WE ARE IN A PERIOD WHERE THE LAW OF SUPERIORITY HAS BEEN ADOPTED'

 

Emekçi, who stated that Turkey has not implemented the decisions of the European Court of Human Rights (ECHR) and the United Nations (UN), said: "Of course, unfortunately, this courage is also taken from Europe. Erdoğan had made a statement saying, 'We have reached an agreement with Europe on the İmralı issue'. We have over 60 applications before the Constitutional Court, but decisions are not given and they are being dragged out over time. We have applications opened before the ECHR since 2011, and they are also being dragged out over time. The ECHR decision dated March 18, 2014 is again before the Committee of Ministers. Although the Committee of Ministers finally told Turkey to 'implement this decision, reduce the sentence and change your legislation', Turkey continues to defend the execution regime with the responses it gives. Conspiracy and lawlessness are being continued together in this way,.

 

TO CPT: WHY DON'T YOU DISCLOSE?

 

Evaluating the CPT's failure to disclose its report on İmralı and its failure to make a statement regarding Turkey, which did not comply with its recommendations, Emekçi said: "Article 10/2 of the European Convention for the Prevention of Torture states that 'If states do not implement the recommendations of the CPT, the CPT may initiate a monitoring procedure without seeking the consent of the states, and may publish its report without waiting for the consent of the state concerned.' The CPT has still not published its 2022 report despite 2 years having passed. Why don't it publish it if it does not implement its recommendations? CPT said 'disciplinary penalties are unacceptable', but Turkey continues to impose disciplinary penalties. CPT say 'lawyer bans are arbitrary', but Turkey continues to maintain its lawyer bans.",

 

'IMPLEMENT YOUR LAW'

 

Reminding that the CPT had recently made a statement regarding Azerbaijan, which did not follow its recommendations, Emekçi emphasized that a similar procedure must be applied to Öcalan as well. Emphasizing that their expectations from the CPT are to implement its law and fulfill its duties, Emekçi expressed that their expectations from Europe are not to sacrifice the law for diplomatic interests.

 

'THE RESULT WILL BE DETERMINED BY THE SOCIAL STRUGGLE'

 

Pointing out that they will continue their initiatives despite all the unlawfulness, Emekçi said that the UN has decided to lift the lawyer restriction decision twice and that the CPT has a report indicating that the isolation is political. Emekçi said: "Whether Turkey implements it or not, we are making a note in history. We are registering Turkey's illegality. Otherwise, what will determine the outcome is of course the social and political struggle and the struggle to protect rights and freedoms. This is something that applies to everyone."

 

MA / İbrahim Irmak