ISTANBUL - ÖHD lawyer Rengin Ergül, who stated that Turkish authorities did not answer questions about the "disciplinary punishments" used as a justification for the İmralı isolation in the UN sessions, said: "Turkey will respond in writing later, we will follow up on this."
The 56th Sessions of the United Nations (UN) Committee Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which started on July 8 in Geneva, Switzerland, are ending today. Within the scope of the sessions, civil society organizations from many countries discussed the rights violations they prepared with the UN Committee Against Torture (CAT) on July 16-17-18.
From Turkey, the Association of Lawyers for Freedom (ÖHD), the Foundation for Society and Law Research (TOHAV), the Foundation for Media and Law Studies Association (MLSA) and The World Organization Against Torture (OMCT) participated in these sessions and presented the reports they prepared regarding rights violations.
In addition, after the presentation of Maeda Naoko, Special Rapporteur of the UN Committee Against Torture, regarding the isolation imposed on PKK Leader Abdullah Öcalan, the Deputy Director General of Prisons and Detention Houses of the Ministry of Justice, Fatih Güngör, who took the floor on behalf of Turkey and answered the questions, denied the İmralı isolation and argued that the visits were banned due to the "disciplinary punishments" the prisoners received. Lawyer Rengin Ergül, who participated in the sessions on behalf of ÖHD, spoke to our agency about the importance of bringing isolation to the agenda in the UN sessions, the ongoing discussions and Turkey's stance.
TOPICS ON THE AGENDA
Ergül stated that representatives of civil society organizations touched upon practices of torture in Turkey as well as practices of isolation and aggravated life imprisonment. Expressing that the committee asked questions to civil society organizations, Ergül said: “The committee asked questions in terms of understanding both isolation, aggravated life imprisonment and the discussions on the death penalty. We tried to enlighten the committee by answering the questions in writing and orally. The next two days were half-day sessions reserved for the Turkish government. They made presentations, especially stating that the ‘zero tolerance for torture’ policy is implemented, that this was reflected in the legislation and practices, and that the Turkish government did not tolerate torture.”
‘QUESTIONS WERE NOT ANSWERED’
Ergül stated that the committee also asked questions regarding the issues conveyed by civil society organizations, and emphasized that one of the prominent questions was about the isolation applies in İmralı. Referring to the responses given by the authorities speaking on behalf of Turkey regarding isolation, Ergül said: “The Turkish bureaucrats stated that Mr. Abdullah Öcalan is a prisoner of aggravated life imprisonment and listed the rights of these convicts in the law. They stated the regulation in the law regarding the right to visit with family and lawyer. They continued by claiming that the right to visit with family and lawyer was restricted due to the latest disciplinary punishments given to Mr. Öcalan. However, when the presentations were over, the committee asked how long the disciplinary punishment had been given and how much the law allowed for it, how possible it was within the legal framework in Turkey to continue disciplinary punishments for a long time, the reasons for this and the details. However, the same authorities did not answer these questions during the meeting. They will respond in writing later, we will follow up on this.”
Ergül, who stated that in the Nelson Mandela Rules, the most fundamental document of the UN regarding prisons, it is clearly forbidden to impose disciplinary penalties as a form of punishment, stated that the answers of the authorities from Turkey in the sessions did not reflect the truth and that the practices had turned into a form of torture and ill-treatment.
‘ISOLATION MUST BE THE PRIMARY AGENDA’
Ergül, pointing out that Turkey does not comply with its own laws, said that there is no legal explanation for absolute isolation. Ergül stated the following: “The regime implemented in İmralı is not a regime that can be explained even with the current Constitution, which is the coup Constitution in Turkey and continues with various patches. We can clearly say that the Turkish government does not comply with its own Constitution, the Execution and Penal Code, and on top of that, it does not comply with the basic documents of the UN and the EC. In order to reach a conclusion in a struggle for rights, the struggle needs to be supported from all areas. This agenda needs to be the primary agenda in all areas. The regime implemented against Mr. Abdullah Öcalan, who has not been heard from for 41 months, needs to be the primary agenda in every single home of the Kurdish people, in the Parliament, on the streets, among lawyers, civil society organizations, and among artists. We also need to remember that the highest mechanism that monitors all mechanisms is the public.”
ECHR DECISIONS
Recalling the violation decision of the European Court of Human Rights (ECHR) regarding Abdullah Öcalan being sentenced to imprisonment until death without conditional release, Ergül reminded that the ECHR invited Turkey to change its laws. Ergül said that despite these, Turkey had not taken any steps and stated that both the Öcalan decisions and various decisions would be brought to the agenda at the September meeting of the Committee of Ministers of the Council of Europe, which monitors ECHR decisions.
‘THE LAW MUST BE CHANGED’
Ergül stated that in order for the ECHR decisions to be implemented, Turkey must change its law and abolish the provisions regarding the aggravated life sentence, which means imprisonment until death.
‘MUST PUSH MECHANISMS’
Ergül, who stated that it is imperative to use international mechanisms to take the necessary steps, continued as follows: “Today, people who will be remembered as the pioneers and heroes of a people when written as a historical narrative in the future, are currently being tried to be dragged into the position of being victimized as ill prisoners in prisons by the Turkish state. We need to use all mechanisms so that the absolute isolation and imprisonment until death of all prisoners in prison and Mr. Abdullah Öcalan can be abolished, ill prisoners can live an honorable life, and the future historical narrative can tell them as the heroes of a story, not the victims.”
MA / Ömer İbrahimoğlu