‘Turkey must implement the right to hope’

2025-09-15 13:24:10


	 

	 

	Gülistan Gülmüş

	 

	MERSIN - Speaking about the AKBK's upcoming meeting on Turkey's violation of Abdullah Öcalan's right to hope, lawyer Melek Şeraldı said that Turkey should implement the decision without waiting for the deadline to expire.

	 

	The European Court of Human Rights (ECHR) ruled that keeping a person in prison for life without the possibility of release violates the prohibition of torture and ill-treatment under the European Convention on Human Rights (ECHR) and that the right to hope of Kurdish leader Abdullah Öcalan had been violated. In its 2014 ruling, the ECHR requested that Turkey amend its life imprisonment provisions. However, despite the passage of 11 years, Turkey has not made any attempts to amend its legislation.

	 

	Due to Turkey's failure to take action, an application was made to the Council of Europe's Committee of Ministers, which has the authority to monitor the implementation of ECHR rulings and impose sanctions. The Committee, which previously convened to assess Turkey, will evaluate Turkey's action plan regarding the ‘right to hope’ at its Human Rights Meeting scheduled for 15-17 September.

	 

	The committee's meeting begins today. Melek Şeraldı, co-chair of the Mersin branch of the Lawyers for Freedom Association (ÖHD), commented on the ‘right to hope’ expected to be applied to Kurdish leader Abdullah Öcalan and political prisoners.

	 

	Melek Şeraldı first explained what the right to hope entails. She continued, "The recognition of the right to hope requires a review of the obstacles to conditional release from aggravated life sentences. Turkey's obligation is to establish an objective and accessible mechanism for the conditional release of prisoners after a certain period of time. The body that monitors whether the decisions of the European Court of Human Rights are being implemented is the Committee of Ministers of the Council of Europe. If Turkey does not implement this decision, the Committee of Ministers may initiate an infringement procedure. 

	 

	During this process, if it is determined that Turkey has failed to fulfil its responsibilities and obligations, political and diplomatic pressure will be increased, leading to diplomatic sanctions. Ultimately, Turkey's voting rights could be suspended, and theoretically, its membership in the Council could even be revoked.

	 

	The amendment will also affect prisoners serving life sentences

	 

	Melek Şeraldı pointed out that if Turkey fails to implement the right to hope, it will be subject to continuous monitoring by the Council of Europe, stating, "The recognition of a right does not concern only one individual but all individuals, meaning that the decision must be implemented for all prisoners. In other words, it means changing the concept of life imprisonment for those sentenced to aggravated life imprisonment. These individuals should be granted the possibility of conditional release after a certain period of time. Therefore, the regulation will not only apply to Mr. Öcalan, but will also raise the possibility of conditional release after a certain period of time for those sentenced to life imprisonment. It creates the possibility of supervised release instead of life imprisonment for prisoners sentenced to life imprisonment."

	 

	Sanctions may be imposed on the state

	 

	Noting that sanctions may be imposed on the state as a result of Turkey's failure to implement the right to hope, Melek Şeraldı said, "When we talk about the binding nature of decisions, what we are actually referring to is this: no contract is unilateral. The reason Turkey is bound in this matter is that it is a party to the European Convention on Human Rights. If it fails to fulfil its obligations as a party, as we have said, the state's obligations come into play. Sanctions will be imposed on the state."

	 

	‘They must implement the decision without waiting for the deadline to expire’

	 

	Emphasising that the state must also take steps regarding the process initiated by Kurdish leader Abdullah Öcalan on 27 February, Melek Şeraldı concluded with the following appeal: "The right to hope is not one of the rights that has been granted, will be granted, or should be granted to a person, as we have discussed; it is a person's right to life. The European Court of Human Rights' ruling of violation stems entirely from the prohibition of torture enshrined in the European Convention on Human Rights.

	 

	For this reason, it is imperative that Turkey implement the decision without even waiting for the deadline to expire. It is a duty that must be fulfilled for every citizen of the country. To prevent this process from being undermined or disrupted by the state and to prevent people from experiencing further rights violations, those responsible must urgently make the necessary arrangements and implement the violation ruling without waiting for the deadline to expire."