‘The Administration and Monitoring Board is a mechanism against the right to hope’

2025-09-29 12:12:24


	 

	  

	Neslihan Kardaş

	 

	WAN - Assessing the CoM’s decision on the “right to hope,” lawyer Leyla Kaplan Kertiş said, “It is clearly demonstrated that there is no regulation in Turkey regarding the right to hope or equality in execution. The Administration and Monitoring Board mechanism is not a regulation concerning the right to hope, but rather a mechanism developed against it."

	 

	The “right to hope” for Kurdish leader Abdullah Öcalan has been on the agenda for a long time. Due to the failure to implement the European Court of Human Rights (ECHR) ruling that the “right to hope” of Kurdish People's Leader Abdullah Öcalan had been violated for 11 years, the Council of Europe's Committee of Ministers (ECoE), which met on September 15-17, granted Turkey an additional period of nine months to implement regulations. At the same time, the CoM stated that the “National Solidarity, Brotherhood, and Democracy Commission” could be used to implement the necessary legal regulations. In its decision, the Committee granted Turkey an extension until the end of June 2026.

	 

	Leyla Kaplan Kertiş, a member of the Lawyers for Freedom Association (ÖHD) Wan Branch, shared her thoughts on the right to hope.

	 

	‘Turkey has not taken concrete steps’ 

	 

	Leyla Kaplan Kertiş emphasized that, under Article 46 of the European Convention on Human Rights (ECHR), signatory states are obliged to implement ECHR rulings fully, promptly, and effectively. However, Leyla Kaplan Kertiş stated that Turkey has not taken any clear and concrete steps in this regard, adding, "Most recently, at the 80th Session Against Torture held in Geneva on July 16-17, attention was drawn to these decisions, and a recommendation was made to the Turkish Delegation to provide the necessary information by September 2026. On September 18, the AKBK made a statement regarding the Gurban group in relation to the right to hope. This statement shows that no legal, concrete steps have yet been taken in Turkey. Looking at the decision, it is clear that no concrete steps have been taken in Turkey. It was recommended that the necessary steps be taken by 2026, that previously issued draft legal regulations and drafts related to the enforcement law be adopted. It was also suggested that inspiration be drawn from the regulations made by states that have previously had experience in this matter."

	 

	‘The IGK is producing results that undermine the right to hope’

	 

	Leyla Kaplan Kertiş, referring to the “National Solidarity, Brotherhood, and Democracy Commission“ established in Parliament, stating, ”Within the scope of the process initiated by Mr. Abdullah Öcalan's call on February 27 in Turkey, a commission was established in Parliament, and the AKBK, attaching importance to this commission, recommended that it make a regulation taking into account the right to hope. This is a very important matter. 

	 

	This is because the CoM has stated that the discussions and agendas to be held, attaching value to the process being carried out in Turkey, are important. Furthermore, in 2020, Turkey amended its execution law and introduced the Administration and Monitoring Board (İGK) mechanism, claiming to have developed a mechanism related to the so-called right to hope. However, the fact that the AKBK decision of September 18 makes no mention of the Administration and Monitoring Board indicates that this mechanism is not considered effective. On the contrary, this mechanism produces results that are detrimental to the right to hope, not beneficial to it." 

	 

	‘Effective and solution-oriented regulations are needed’

	 

	Leyla Kaplan Kertiş emphasized that the enforcement law regarding the right to hope is defined as an exceptional case in Turkey, stating, “Although it is said that this law only applies to Abdullah Öcalan, this legal regulation actually covers thousands of prisoners. It is clear that this festering situation must be resolved immediately. The AKBK has also made a clear recommendation on this matter. We lawyers also want a solution. We need regulations that are truly effective and provide solutions, not mechanisms such as the Administration and Observation Board that produce results against the prisoner."

	 

	'Human Rights Action Plan has not been effective in Turkey'

	 

	Leyla Kaplan Kertiş stated that after the CoM's Öcalan-Turkey ruling, the AKBK has the right to monitor the implementation of this ruling, adding, "From time to time, Turkey uses its right to request data on the human rights action plan. She stated that NGOs have reported that the human rights plans presented by Turkey have not been effective. The human rights action plan or regulations have never been effective in Turkey, especially not for prisoners executed under the ‘anti-terrorism’ law."

	 

	'Justification' barrier to releases

	 

	Leyla Kaplan Kertiş emphasized that in 2020, the IGC mechanism was not working in favor of the right to hope, but rather against it, stating, "The decisions of this committee have never been applied fairly and equally. Releases have been continuously postponed, particularly for political prisoners, on grounds such as ‘not rehabilitated,’ 'not remorseful,‘ or 'remained in a partisan cell.’ Numerous applications have been made. Therefore, the Administration and Monitoring Board mechanism is not considered a regulation related to the right to hope; on the contrary, it is seen as a mechanism developed against it. The fact that the AKBK does not include this board at all confirms this. It clearly demonstrates that there is no regulation in Turkey regarding the right to hope or equality in enforcement."