NEWS CENTRE – Emphasizing that the legal framework must also be of a nature that covers all consequences MAF-DAD Co-Chair Heike Geisweid stated, "The process must serve as a starting point for the participation of those affected by the conflict in democratic politics and life."

 

The Independent Legal Mission, formed under the auspices of the Association for Democracy and International Law (MAF-DAD) and the European Association of Lawyers for Democracy and World Human Rights (ELDH) in order to monitor the Peace and Democratic Society Process, presented its report to the public at a meeting held at the European Parliament (EP) on 4 June.

 

 

Speaking at the meeting about the report, representatives stated that the process would affect not only Turkey but also Europe, called on the European Union (EU), and emphasized that Abdullah Öcalan's physical freedom must be ensured.

 

Speaking to Mezopotamya Agency (MA) about the mission's report and the process in Turkey, MAF-DAD Co-Chair Heike Geisweid described Turkey's failure to take any steps, despite the European Court of Human Rights' (ECHR) 2014 "right to hope" ruling and the recommendations of the Council of Europe Committee of Ministers regarding its implementation, as a political stance.

 

EUROPE'S ATTITUDE TOWARD TURKEY

 

Stating that European politicians and official institutions do not want to adopt a stance that would jeopardize their relations with Turkey, Heike Geisweid said that a distant approach is taken to the situation when it comes to Abdullah Öcalan and the Kurds, and added: "Turkey, having recognised this, is able to maintain good relations on economic and security matters whilst successfully disregarding, stalling on, and dragging out the legal and democratic dimensions."

 

FREEDOM OF ABDULLAH ÖCALAN

 

Heike Geisweid said that although there have been some improvements and changes in Abdullah Öcalan's situation with the start of the process, a serious and positive political will has not yet emerged regarding the implementation of the "right to hope." Heike Geisweid said: "Nevertheless, objectively speaking, I can say that an atmosphere is beginning to emerge that makes Mr Öcalan’s freedom politically and legally possible. A suitable political environment is taking shape; within this environment, it is possible to bring a political will to the fore, but this also requires social, diplomatic and political pressure."

 

DELAYING TACTICS ON ECHR RULINGS

 

Referring to the mission's report's emphasis on the need to implement ECHR and Constitutional Court rulings, Heike Geisweid noted that the same recommendation was included in the report submitted by the commission established in parliament, and said that there should not even be a need for an article on the implementation of judicial rulings. Heike Geisweid said: "Taking the case of Mr Öcalan as an example, I might remind you that Turkey has failed to implement the ‘re-trial’ ruling handed down in the past. In the current situation, it is necessary to introduce legislative measures to implement the ECHR rulings within the context of the ‘right to a fair trial’. For a long time now, it has adopted a delaying tactic on this point. "

 

COMMITTEE OF MINISTERS MEETING

 

Heike Geisweid also addressed the Committee of Ministers' most recent meeting, stating: "Turkey was required to submit an Action Plan to the Committee of Ministers regarding the Gurban Group - which includes rulings against the aggravated life sentence in Mr Öcalan’s case - by June 2026. To date, this plan has not been submitted. The Gurban Group is not on the agenda for the Committee of Ministers’ June session. It appears that Turkey will extend the deadline for submitting its report until the end of June, and the Committee of Ministers will take this up at its September session. This is, of course, an assumption. The Committee of Ministers actually has a wide range of sanctions at its disposal. It has utilised these in certain cases. However, it has not yet demonstrated a firm resolve to adopt a serious stance regarding the Gurban Group cases."

 

BUILDING A NEW MENTALITY

 

Referring to the mission's report's emphasis that the Kurdish issue cannot be addressed solely from a security perspective, Heike Geisweid stated that the approach to the Kurdish question based on denial and violence is the root cause of today's problems, and said: "The Kurdish people must be accepted, along with their rights. Above all, there must be the will and the intention to do so. The core issue is the establishment of a new mind-set. Fundamental rights - primarily education in the mother tongue and cultural rights - must be recognised and enshrined in a new constitution. In my view, the key issue is also making changes to citizenship provisions in the constitution and adopting an inclusive understanding of citizenship. The removal of obstacles to democratic politics and the prioritisation of local democracy must also form part of these new initiatives."

 

THE SOCIALIZATION OF PEACE

 

Referring to the recommendation in their report for the establishment of official consultation mechanisms between the government and civil society, Heike Geisweid said that the fundamental path to achieving genuine peace is the socialization of peace. Heike Geisweid said: "The involvement of the civil society sector is also part of this. I am not saying this solely in reference to institutions in Turkey. International organisations can also be part of this positive and important endeavour. The process must be open to contributions from institutions, such as ours, that are sensitive to Turkey’s democratisation and the rights of the Kurdish people. Of course, the participation of women in the process must be one of its key components."

 

'IT MUST BE OF A TRANSPARENT AND PARTICIPATORY NATURE'

 

Regarding the report's recommendation for the establishment of a comprehensive legal framework for disarmament, demobilization and reintegration processes, Heike Geisweid said: "It is true that the ongoing process in Turkey is a unique experience. However, this does not preclude being open to and drawing inspiration from similar international experiences. First and foremost, I consider it important to move away from the legal basis of the long-standing conflict in Turkey. At the same time, a new legal framework must be established that provides legal guarantees broad enough to encompass all the consequences of the conflict. This process must have the capacity to serve as a starting point for the participation of those sectors affected by the conflict environment to date in democratic politics and life. Naturally, I believe it is important to remain open to independent bodies monitoring these regulations and their implementation, both within Turkish society and internationally, and that these must be transparent and participatory."

 

MA / Hivda Celebi