AMED – Muhittin Muguc, Co-Chair of the Lawyers for Freedom Association (OHD) Amed (Diyarbakır) Branch, stated that they would submit a report to Parliament regarding legal regulations, noting that Abdullah Ocalan’s status must also be determined as a matter of urgency during this period.  

 

Whilst the report submitted by the parliamentary commission established to address the Kurdish issue continues to be debated, the government’s failure to take steps regarding legal regulations is provoking reactions. Muhittin Muguc offered his assessments regarding the commission’s report and the urgent steps that need to be taken.  

 

Muguc, who highlighted the steps taken by the Kurdish Freedom Movement within the context of the process and the commission’s work, stated that the process cannot move forward without clarity on how the disarmament procedure and legal regulations will be implemented.   

 

Noting that one of the issues in the report was the objective of “strengthening democracy”, Muguc pointed out that this amounted to an admission that democracy is lacking in Turkey and that the state is weak on this matter. 

 

Drawing attention to obstacles to freedom of expression and the failure to implement decisions of the Constitutional Court and the European Court of Human Rights, Muguc noted that the report also contained admissions regarding these issues.  

 

Muguc also stated that the report’s “development and economic prosperity” objective was an admission in itself, remarking, “We have seen how the economy and public finances, which should be allocated to the economy and development across all regions of Turkey, have instead been channelled into war and violence. Since this is the case from the state’s perspective as well, this is one of the objectives.”   

 

Muguc stated that one of the issues agreed upon during the commission’s discussions was the “elimination of the element of violence”, noting that this referred to the PKK’s use of weapons. Muguc emphasised the importance of a holistic approach, noting that the process should not be viewed solely through the prism of security and weapons.  

 

Recalling that the report mentioned permanent, temporary and independent arrangements, Muguc noted that they had also stated that certain arrangements needed to be made regarding the situation of PKK members after they had laid down their arms. Muguc stated that the report included a provision that PKK members would undergo legal proceedings under all circumstances, but noted that whilst current laws allow for their return through effective repentance, this is not appropriate for the process.   

 

Emphasising that every party involved in the process must have a legal status, Muguc stated that the state and the DEM Party have such statuses, but Abdullah Ocalan does not. “Mr Ocalan and his secretariat’s legal status must be determined. This should be the first legal regulation,” he said. 

 

Muguc spoke as follows regarding other necessary legal reforms: “For a comprehensive solution to be possible, the Kurdish people must be recognised in every respect—from their identity and language to their geography. Some matters do not require legal regulation. We recently lost ill prisoner Edip Taşar. There is no need for this state to enact a legal regulation to release him. The situation of ill prisoners is clear. This legal regulation must be enacted urgently. What will become of those who have laid down their arms? If the situation of those who have laid down their arms is not clarified, who will be able to return to a normal life? That is why legal regulations must be enacted urgently.”

 

Emphasising the urgent need to take steps regarding Abdullah Ocalan’s status and legal regulations, Muguc noted that a draft text must be submitted to Parliament and a decision taken on the matter. 

 

Stating that, as the OHD, they would soon submit a draft to Parliament regarding legal regulations, Muguc said, “Whilst legal regulations are being implemented, neither the pride nor the honour of the Kurds nor the Turks will be trampled upon, as the Parliamentary report states. Legal steps must be taken to resolve this issue, in which everyone has suffered and been victimised, as soon as possible.”

 

MA / Rukiye Payiz Adiguzel