THE REPORT OF INVESTIGATION & INQUIRY OF THE CLAIMS REGARDING THE SOLITARY CONFINEMENT IN THE CLOSED PRISON OF IMRALI
THE SUBJECT OF THE APPLICATION
Family members and legal representatives of Mr. Abdullah Öcalan who stays as the sole inmate and was held in solitary confinement in İmralı Closed Prison have applied to the headquarter of our Association several times to forward their concerns and complaints verbally and in written form.
Applicants, Mehmet Ocalan, the brother, sisters Havva Keser and Fatma Ocalan and legal representatives from the Asrin Law Office, demanded from the Association to inquire the situation which was reported in their application that they have not been allowed to visit Mr. Ocalan since 27 November 2002, that their right to visit him which was fixed for once a week on Wednesdays has been violated by producing the same excuse of bad weather conditions, that it has been 9 weeks (70 days) that they were not able to see him and that they have serious concerns about the violation of Mr. Ocalan's rights to life and not to be subject to torture and inhuman treatment.
COMPOSITION OF THE DELEGATION
As the sensitivity of the complaint issue and the urgency of the matter, the Human Rights Association formed a Human Rights Investigation and Inquiry Delegation chaired by the President of Human Rights Association, Mr. Hüsnü Öndül and participated by vice-presidents, Ms. Reyhan Yalçındağ and Ms. Eren Keskin, the Chairperson of Bursa Branch and the member of General Executive Committee Ms. Ayşe Batumlu and the Representative of Marmara Region and the member of General Executive Committee Mr. Doğan Genç, the members of General Executive Committee, Ms. Gülseren Yoleri and Mr. Kamber Erkoçak and the Chairperson of Istanbul Branch Ms. Kiraz Biçici.
AIM OF THE DELEGATION
The Human Rights Delegation was formed to inquire the complaints pertaining to the fact that Abdullah Öcalan has not been allowed access to his family and lawyers since the 27 November of 2002 -totalling to 70 days-, to investigate the reasons of this, to make a search about the conditions of access to Ýmrali Island, treatments that the lawyers and the family are subjected to, the obstacles to enjoy the right of defense and visit, and to observe the manner of conduct of the competent aouthorities towards these complaints.
The aim was also to inform the relevant national and international mechanisms about the results of the investigation and to initiate the necessary attempts to end violations if there is any.
NTERVIEWS AND DISCCUSSIONS MADE BY THE DELEGATION
I. INTERVIEWS WITH THE APPLICANT FAMILY
1. Mrs. Fatma Öcalan: At the interview made with Mr. Abdullah Öcalan's sister, Ms. Fatma Öcalan said followings: "The family members allowed to visit my elder brother Abdullah Öcalan, are only the first grade relatives, -me, my sister Fatma Keser and my elder brother Mehmet Öcalan. Although second and third grade relatives have the right to visit him, they have not been allowed to use this right until this day. Many times we were sent back without being able to visit him with the excuse of bad weather conditions from the day my elder brother was brought to Turkey until now. We have not been able to get any affirmative reply up to now about our request to compensate the lack of visit due to the bad weather by enabling us to visit him in another day when the weather conditions are appropriate to set off to the Island. In spite of having requested several times, we were not able to see him since the date of 13 November 2002 when I was able to visit my brother lastly. In addition, we have not been provided to enjoy our right either to have an open visit or closed visit in special times which were provided to other prisoners and convicts. There is no sign that he is alive; we are not allowed to communicate with him via phone-calls and letters. We are quite concerned about his health."
2. Mr Mehmet Öcalan: At the interview made with Mr. Abdullah Öcalan's brother, Mr. Mehmet Öcalan said following: "It is me, my sisters Havva Keser and Fatma Ocalan who can visit my brother Abdullah Ocalan as being the first grade relatives. However, until today we haven't been given the right to free visit during the festivities and on the similar days, the right to phone call and letter that are given to the other prisoners and convicts who are sharing the same legal status with him, we haven't been given any positive reply for our demands towards providing this right which is ours. Besides my sisters can speak very little Turkish and they can express themselves only in Kurdish. During the visit, when they sometimes attempt to express themselves in Kurdish, the offficials there at once interfere the conversations and they clarify that if they speak in Kurdish, the visit is to be ended immediately. It was on the date of 27 November of 2002 that I could see my elder brother for the last time, as a matter of fact, from that date on neither his lawyers nor any of us have been able to visit him. In the past, our right to visit that we could use a day in a week on wednesdays, which we were using since the date of 15 February 1999 that he was brought to Turkey and put in the Prison of Imrali, was being violated from time to time by showing the bad weather conditions as a justification and by saying that the coaster Imrali-9 is not suitable for bad weather. Our requests for delaying our right to visit that we were loosing under such conditions to another day or providing a more convenient vehicle haven't been replied by any means. Anyway the coaster Imrali-9 is not a safe vehicle in every condition. There were times that the wavelength rose, we came face to face with some dangerous moments. But it was solely because of our demand to see our elder brother, for that reason we didn't make this situation a current issue on purpose until today, for it is high time, I find it convenient to quote. It is clear that this vehicle is not convenient for visits, so a more convenient vehicle has to be set aside for us for our goings to the Island. Since the date of 27 November 2002, that is to say, including to-day it has been ten weeks that we have been applying for visiting him every Wednesday, but we are said that there is southwest wind, we can't go. In this case we requested to have our visit either in a stormless weather or with the condition of bearing its payment to go by a more convenient sea vehicle. However they didn't give any reply to our requests. At least they could carry out our right of conversating through phone calls, which is lawful, but this wasn't done either. My sisters have very serious health problems, every time they endanger their health with the hope of visiting him. Therefore as a family we have been facing a serious unjust treatment. We haven't been able to see him for ten weeks and we even don't know whether he is alive or not. We have very serious anxieties about his life."
3. Mrs Havva Keser : At the interview made with Mr. Abdullah Öcalan's sister, Ms. Havva Keser declared following: "Till today from our family only my sister Fatma Öcalan, my brother Mehmet Öcalan and I were allowed to visit my brother Abdullah Öcalan. Except for us there couldn't be any visit by the other members of the family. As I don't know Turkish well, I was instinctively striving to express myself in Kurdish from time to time, but they were never letting me do this and they were threatening us with that they would put an end to the visit immediately. Therefore at any rate we are determined to carry on using our right of visiting, which is physicologically passing under negative circumstances, only and only for seeing him and for being sure of his health. However I could visit my elder brother on the date of 13 November 2002 for the last time, since that date, though I demanded to see him, I couldn't. There were times that we were occasionally sent back without having the possibility of visiting with the justification of bad weather conditions in the past. We requested to make our visit either in a stormless weather or a more convenient vehicle can be set aside and we can take its payment upon ourselves, but until today we couldn't get any constructive reply to our request. We have serious worries about his health."
INTERVIEWS AND DISCCUSSIONS MADE BY THE DELEGATION
II. INTERVIEWS WITH THE LAWYERS OF ASRIN LAW OFFICE
1. Lawyer Aysel Tuğluk : One of the lawyers of Mr. Abdullah Öcalan, Ms. Aysel Tuğluk gave this information to our delegation: "The client, including the arrest period, since the date of 15 February 1999 that he was brought to Turkey, has been kept in the Island of Imrali, he has been being kept alone in the Prison of Imrali since the date of his imprisonment. He was convicted with the decision With the decision with registration number of the Decision 1999/73 and Ref. 1999/21 given by the 2nd State Security Court of Ankara. Except this fact, the client has three different pending trial files consisting of one in the 8th Criminal Court of Ankara upon the Ref. 99/242, one pending before the Criminal Court of Athens and one pending upon the application number of 99/46221 before the First Section of The European Human Rights Court as well. We had the possibility of visiting the client on tuesdays and thursdays, each day for two hours till the date of 12 January 2000. But after this date wednesday was chosen to be the day of visit and it was limited with one hour. No legal reason and justification pertaining to this time limitation was given us. Our visits to the client did not come true from time to time by showing the bad weather as a justification. Though many times we asked the authorities to postpone the unrealized visits to another day or to make the visit possible with the vehicle called Imrali-10, which is used during the trials and can reach to the Island even in the bad weather conditions. Our requests were not accepted.
Serious restrictions were made during last months on our meetings with our client on the grounds of bad weather conditions. During the times when we were able to see our client, it has been prohibited to give him written materials and documents in relation to our defence. All written documents and notes taken during the discussion in the context of trial files to share with other lawyers to prepare common defence were confiscated from us by the prison officials in the Island and returned back at the Gendarmerie Contact Office of Gemlik where the exit procedures are made. However, since 13 February 2002, our handwritten notes taken at the discussion with our client have either been returned incomplete or completely confiscated. All our verbal and written applications to The Prosecutor's office, the Prison admninistration and to the military officials have been remained unanswered. This case proves that the confidentiality principle of the visits has been violated in contradiction to laws. Lastly we have not been allowed to visit our client since 27 November 2002. Despite the fact we stated that in the case of bad weather conditions it can be made possible to go to the Island by another vehicle that may be found or the visit can be fulfilled another day (a day except wednesday) when the weather conditions are convenient, we could not get any reply for these requests we did. Moreover the right to communicating with his family and lawyers by phone calls, which is recognized for the prisoners and convicts sharing the same legal status with him, has not been recognized for our client. Because of the aforementioned reasons and the pending trials, the defence right of the client and our side is seriously being violated. The isolation circumstances has turned into the most aggravated situation through these latest practices. We have serious worries about our client's life."
2. Lawyer İrfan Dündar: One of the lawyers of Mr. Abdullah Öcalan, Mr. İrfan Dündar gave our delegation this information below: "We sometimes may not have been able to visit the client with the justification of the bad weather since 15 February 1999, the date he was imprisoned. But this situation tended to rise step by step dating from summer months of 2002. Recently we were not allowed to visit him since 27 November 2002. Though it was justified by the bad weather conditions, it is known that there are thousands of military officials, the manager of the prison and civilian staff living on the Island, there are sea vehicles convenient for the technology of our day which are being used both for the departure and arrivals of the officials and for quenching their needs under every kind of weather conditions, the officials can go to the Island by these appropriate vehicles. Besides, despite we request that an other day except the Wednesdays can be determined in order to go on a day that the weather conditions are convenient, our request is once more refused by the bad weather justification. Although the meteorological informations say to us that the conditions are appropriate, again the inconvenience of the weather is shown as a reason. During the last 10 weeks, only once, on the date of 29 January 2003, when we were on the way to the Island aboard of the coaster Imrali-9, we returned for the wavelength excessively rose; except for that time, during our 9 attempts we were not allowed to set out by any means. In 29 January 2003, after we returned, they made us sign a written report which was justifying that the weather conditions were not convenient, but by indicating that, as if we had signed this report on our whole set-outs and by saying "the lawyers also accepted that the weather conditions are not reasonable" they seek a pretext and they distort the truth. The client's defense and all other legal rights are completely being violated. Our client has been kept alone since his imprisonment started, that is to say, he is alone for four years and the aggravated isolation conditions are being applied against him. Although we several times requested a TV for him, this legitimate right has still not been recognized for him. Furthermore we were taking to him the newspapers of the times that we couldn't come into contact with him, but we know that they give him only some of them and they recently have reduced this number to one. In the same way they don't give him all of the books that we take to him, the administration of the prison shows a rather arbitrary attitude. He can not benefit from the rights given to the prisoners and convicts sharing the same legal status with him, he is not allowed to use his right of making phone calls and sending letters, therefore his right to communication is entirely being violated. Moreover he is not allowed to visit his family during the festivities and on similar days through open or closed visits. The client has trials still pending before 8th Criminal Court of Ankara, Criminal Court of Athens and the European Human Rights Court. In this case his and our -his legal representatives- rights to defense are being violated in the most aggravated way. Due to not having been able to receive any information about him since 27 November 2002, the date we saw him for the last time, we are seriously concerned. On account of our worries and our legal rights, none of our written and verbal attempts that we made to the Ministry of Justice, The Deputy of Prime Ministry Responsible For Human Rights, The Commission of the Great National Assembly of Turkey For Inspecting Human Rights and the Directorate of Arresthouses gives result.
3. Lawyer Bekir Kaya: One of the lawyers of the Law Office of Asrin, Mr. Bekir Kaya gave that information below: "The number of the lawyers that can visit the client is currently limited with 4 utmostly since the day he was imprisoned. During the periods that we could see him, we were making the visits together with sometimes three, sometimes four collegeaues. Though his sisters and brother and we -his representatives- go to the Gendarme Station of Gemlik, which is the first route to the Island, every Wednesday and request to go to see the client, we are said that the weather conditions are not convenient, we can't go. Even yet when we call to the the Directorate of Meteorology and get the fact that the altitude of wavelength is suitable, they show the bad weather justification. The justifications that the authorities put forward are completely without basis. As a matter of fact, the Deputy of Chief of Bursa Public Prosecutor Office, Mr. Cemil Kuyu also showed to us the copies of some correspondences that had been made in 1999, we saw the fact written in, saying that in case the wavelength is over 5, the coaster Imrali-9 would be dangerous, it can't go to the Island. But when we corcern that sometimes even when the wavelength was surpassing 5 metres, we were going to the Island, it is clear that the lives of the lawyers and other people on the coaster were being disregarded. The client has trials stil pending before the local and international courts, in this case we can't visit him, we are not allowed to get in touch with him about the trial files, so his right to defend himself is being violated. In addition to this, for the alternative vehicles are not being provided and he is deprived of phone call right, because we couldn't hear of him, we have serious worries."
INTERVIEWS AND DISCCUSSIONS MADE BY THE DELEGATION
III. MEETINGS WITH THE OFFICIAL AUTHORITIES
Our delegation went to the Gendarme Contact Office of Gemlik, the place where the lawyers and the members of the family apply to in order to go to the Island of Imrali, on the date of 5 February 2003 and witnessed the treatment practised upon the lawyers and the family for a while. Then the delegation had a meeting with the Commander of the Gendarme Contact Office of Gemlik and the Chief of Public Procutor Office of Bursa, Mr. Emin Özler.
1. The Commander of the Gendarmerie Contact Office of Gemlik: The Human Rights Delegation went to the Gendarme Contact Office of Gemlik at 8:20 in the morning, introduced the delegation and explained the reasons of their presence to the authorized officials of the Contact Office in details.
The members of the delegation told the Commander of the Gendarmerie Contact Office of Gemlik the complaint's subjects and the delegation' s questions such as the reasons of not fulfilling the visits, whether it is possible to compensate this right by other vehicles or not, the reason of not alloting another sea vehicle which would be convenient for the bad weather and etc. were not replied by the Commander. The members of the delegation were not allowed to enter, they were kept in wait outside. During the meeting it was observed that the people from the press were being warned by the gendarme authorities not to take any pictures.
2. The Chief of Public Prosecutor Office of Bursa, Emin Özler: As the Gendarme Commander did not reply any of the questions that were asked to him, the delegation members went to the Office of Chief of Bursa Public Prosecutor and requested to have a meeting. During the meeting with the Chief of Public Prosecutor, Mr. Özler, that continued approximately for an hour:
– The Human Rights Delegation explained the reason of its coming and the application that Öcalan's family and his lawyers made, asked the reason of not being able to go to the Island of Imrali for the last ten weeks. The Chief of Public Prosecutor, Mr. Özler stated that there was the southwest wind outside and exactly like that day, during the past weeks too, because of the inconvenient weather conditions it was impossible to set off to the Island.
– Mr. Özler, after stating to the delegation that the coaster Imrali-9 could proceed till wavelength 4 meters and the vehicle Imrali-10 could proceed till 7 meters, did not reply the delegation' s question asking the reason of not assigning the vehicle Imrali-10.
– After learning that the vehicle Imrali-9 was weak against the harsh weathers, the delegation explained that it meant to risk the lives of the lawyers, the family members, the captain and the security forces on the vehicle, the high sensitivity of Human Rights Association about protecting the lives of the living was expressed and for this reason it underlined the necessity of providing a vehicle convenient for every kind of weather conditions. In response to this, Mr. Özler stated that they had written to the Ministry of Justice for the assurance of a different vehicle, but as they already hadn't taken a reply, he didn't know when it would be assured.
– The delegation stated that the lawyers and the family can be taken to the Island by the vehicles that convey the various needs of thousands of security forces and the prison staff in the Island of Imrali such as food, drinking and warming up, but the attempts that were done about this matter until today had not been replied, the delegation asked its reason. Mr. Özler did not reply this question.
– The delegation stated that Öcalan had trials that were still pending and for this reason hindering his meetings with his lawyers was the violation of defense right. Mr. Özler did no comment about this subject.
– The delegation members said that in case of the bad weather conditions on Wednesdays, the lawyers and the family could go for their visit another day, they asked the reason for their negative reply about this subject. Mr. Özler expressed that he did not have any information about this subject and there was an arrangement based upon only for Wednesday in order to provide the visits for the family and the lawyers.
– The delegation stated that the right to open meeting with the family that is given to the other prisoners and convicts hasn't been given to Öcalan, the delegation couldn't get any reply about this matter.
– The delegation asked Mr. Özler whether on the days the visits were requested the weather report was coming to him or not, if it was coming, which authorized department was sending that report to him, but the delegation couldn't get the reply of this question either.
– It was stated that there was a widespread anxiety about the fact pertaining to the violation of Öcalan's right to life and this is a menace to the internal peace in Turkey. Mr. Özler replied that nobody should worry about this matter. He said that Öcalan's health was good and he was being examined by the doctors who were going to the Island once every three weeks. When the delegation asked the reason why the vehicle carrying doctors was not allocated for his lawyers and family, Mr. Özler replied that from time to time the doctors could not go to the Island either.
– When the delegation asked the reason of not allowing Öcalan to enjoy the right to make phone calls which has been provided to all other prisoners in Turkey, Mr. Özler said that there was not such telephone appliance in the Closed Prison of Imrali. Upon the suggestion that he could use the same method as was used by officials in the Island to meet their need for telephone, Mr. Özler said that it was impossible to give this right to Öcalan.
RESULTS OF THE INVESTIGATION & INSPECTION
After the several applications that were made to our Association by the Law Office of Asrýn and Öcalan's family, after the official meetings it had, the delegation makes the evaluations below:
Since the 15 February 1999, the date he was brought to Turkey, Öcalan is being kept as a sole inmate and held under solitary confinement in the Closed Prison of Imrali. The prison used to be semi-open prison until 1999, was given the status of Cell Type Closed Prison following the rearrangement in the internal regulation of Imrali Closed Prison and Detention House made by the Ministry of Interior.
Öcalan has been kept in a place as a sole inmate who has not allowed to acquire a television set and to receive daily newspapers. This situation is an aggravated violation of his communication right.
Öcalan had been allowed access to his family and his lawyers twice a week, tuesdays and thursdays, for two hours each day from the date he was arrested until 12 January 2000. Since 12 January 2000 number of visits was reduced to one day in a week (wednesdays) and the duration of visit was reduced to one hour. The authorities have not made any explanation on this time restriction. It is the restriction and violation of the right to defence to impose time limitation on meetings with lawyers for the one whose trials are still pending.
Although Öcalan's family and lawyers sometimes have been hindered with the justification of bad weather and have requested another day to be fixed instead of the visits they could not make, they have not been able get any reply for their requests. Öcalan could talk with his lawyers only for three times, all told for three hours (on the dates of 9 October 2002, 13 November 2002 and 27 November 2002) between the dates of 18 September 2002 and 27 November 2002. Lastly since 27 November 2002, that is to say during ten weeks (70 days), his family and his lawyers have been being hindered to go to the Island of Imrali with the justification of bad weather conditions.
There are three different cases of Öcalan consisting of one pending before the 8th Criminal Court of Ankara with the base number 99/242, one pending before the Criminal Court of Athens and one pending before the First Section of European Human Rights Court with the application number 99/46221. In this case he can not Access his lawyers and this means the apparent violation of his right to defend himself and violation of his right to fair trial which were taken under guarantee by the Constitution, the Law of Criminal Procedure and other relavent local and international subjects under discuss. As a matter of fact, the Article 34 of the European Convention of Human Rights regulates: "The High Contracting Parties undertake not to hinder in any way the effective exercise of this right(the right to individual application to the European Court of Human Rights)" In that way the Article 144 of the Law of Criminal Procedure regulates: "The defender and the defendant can always talk to each other and in a place where no one can hear what is spoken. The corresponce of these people with their defenders can not be subject to inspection." However Öcalan is not allowed to correspond and talk with his representatives. Despite the fact that the Article 28 of Internal Regulation Remand Institutions clearly puts"…… the Articles 107-116 and 144 of the Law of Criminal Procedure are applied about the acceptance of a representative or a visitor" in order, the possibility of provision of legal aid and counselling which is the aim of the meeting between lawyer and client has been eliminated by not allowing Ocalan to see his representatives.
Applications by means of either returning written notes incomplete or completely confiscating those notes taken by lawyers to use for ongoing court cases of Ocalan since 13 February 2002 are the violation of the domestic and international legislation protecting the confidentiality of the lawyer-defendant relation and the violation of the right to defence.
His rights to communicate to his relatives and his lawyers and to correspondence via letters are being violated.
In the correspondence of 5 February 2003 that The Ministry of Justice, the General Directorate of the Prisons sent to the Asrin Law Office, it is stated that for the Article 155/A of the Regulations on Execution and Remand Institutions that put in order a convict's request for making him benefit from the right to phone call is not definite and normative, it can not be given to a person who does not have a "good conduct" and for this reason he would not be allowed to use the right of phone call. From the point of view of being a lawful state such a statement is an unfortunate statement; it means the apparent violation of the Principle of Equality and the Article 14 of the European Convention of Human Rights that is putting the Prohibition of Discrimination in order. Rights can not be saved by making discrimination between the identities of individuals. This situation is not a situation that can be saved according the administration's state of affairs.
In the same correspondence, it is stated that the scope of the free visit would be restricted; it is possible to say that the administration is materializing the prohibition of discrimination by not giving the right to free visit.
Again in the same correspondence, it is stated that meeting the needs of the Island, changing the staff that is on duty and the arrivals of the ships possessed by the Commandership of Naval Forces were planned according to the days of monday, tuesday, thursday and friday, the medical treatment and training activities of the staff were determined according to this process, so because of the planning in question, it is not possible to postpone the visit which is not succesful on account of any reason to another day within the same week. When it is kept in mind that the right to defense and visit is being hindered, it is far to believe in this justification.
In addition to those facts, the human rights delegation observed that the lawyers and the family were not taken into the Gendarme Contact Office of Gemlik, till a reply came from the the Headquarters of the Island -according the information that the lawyers gave, sometimes this would last hours-, they were kept in wait outside in the cold weather.
QUESTIONS TO BE ANSWERED
In the light of above-mentioned findings , the human rights delegation invites authorities to provide urgent answers for following questions:
1. It is the "Crisis Centre",- known as Coordination Centre- which manages the entrance and exits for security and visits in İmralı Closed Prison. The Crisis Centre run by the Secretariat of the General Staff under the mandate of Prime Ministry. What are the legal criteria applied in the work of Crisis Centre in Imralý Closed Prison which normally should have been managed by both the Execution Prosecutor and the Diractorate for Prisons according to the national legislation, and how is the legal supervision of the work of the Crisis Centre ensured? What is the address of this Centre and who are the managers?
2. What sort of transportation means are used for prison and security personel – of which number is reported as approximately two thousand – to enter and exit in/from the İmrali Island?, and what is the reason not to enable family members and lawyers of Mr. Ocalan to reach island by sea vehicles resistant to all sorts of wheather conditions.
3. What is the reason to allocate a sea boat named "İmralı 9", which has been reported even officially that it is not resistant to heavy wheather conditions, since four years by not taking into consideration the right to life of lawyers, family members, security personel and the captain?
4. What is the reason not to allocate up to now another boat named İmralı 10 which is resistant to waves at 7 metres height?
5. What is the reason not to allocate Coastal Security Boats which were allocated during the period of hearings and proved to be resistant to stormy weather?
6. What sort of vehicles has been used to meet needs of personnel on duty in the Island? and why have not these vehicles been allocated for the use of family members and lawyers in reaching to the Island?
7. Even when we think that every Wednesday has not been suitable for reaching to the Island due to heavy weather conditions, what is the reason not to arrange any other day which may be suitable to access to the Island?
8. What is the reason is not to enable Mr. Ocalan to exercise the right to make telephone call to his lawyers and family members in line with the latest amendment made in the Anti-Terror Law in favour of telephone calls?
9. What is the reason to violate and not to respect to the right to communicate with family members and lawyers through letters?
10. What are reasons not to enable Mr. Ocalan's family to exercise their right to have open visits with Mr. Ocalan, while it has been given to other prisoners having the same statute with Mr. Ocalan?
11. What is the clarification of the phrase "visit which did not realised for any reason" in the letter of the Directorate General for Prisons of the Ministry of Justice dated 05.02.2003?,
DEMANDS OF THE DELEGATION
1. The Human Rights Association defends the protection of the right to life and the right not to receive torture and inhuman treatment in everywhere and in every circumstances. Rights to life and not to receive torture and inhuman treatment of Abdullah Öcalan have to be taken under guarantee. A statement should immediately be made to remedy concerns of family members and lawyers of Ocalan and a visit day should immediately be fixed without making any condition on days.
2. The HRA defends the impunity of the right to defence. The violation of the right to defence should immediately be ended by enabling lawyers to see Mr. Ocalan. In this context;
a. The visit should be provided to family members and lawyers for another day if the fixed day was not available due to wheather conditions,
b. Either a more secure vehicle should be provided for passengers to reach the Island in order to protect their life to right as the already-allocated sea boat Imrali 9 is not a secure vehicle, or the vehicles allocated for security personel should be made available for family members and lawyers to facilitate their access to the Island,
c. If it is not possible to arrange these, Mr. Ocalan should be transferred to another prison where lawyers and family members shall have a better and secure access to Mr. Ocalan.
3. The HRA is against the implementation of discimination in every circumstances. The discrimination applied to Mr. Ocalan should immediately be ended and he should be provided same rights with other prisoners having the same statute in making telephone calls, communicating and having visits. He should also be given the rights to have open or additional closed visit with his relatives at first degree during special days like festivities.
4. The HRA invites authorities urgently to make a statement by indicating that Mr. Ocalan shall be provided all his legal rights, and to take immediate measures to provide conditions to enable his lawyers and family members access to him in order to remedy concerns about his health.
5. The HRA has always stated its satisfaction for the non-existence of armed conflict and positive results emerged from this non-existence of conflict. Any out-of-law and anti-democratic policies which may lead to a conflict atmosphere in Turkey should be avoided. Administrative practices based on out-of-law which by nature increases the tension should be ended.
6. Solitary confinment and isolation applied to whoever is a humanity crime. Everybody including convicts and prisoners has the right to exercise human rights and fundemental freedoms. We invite state organs and authorities to respect to this principle.
Hüsnü ÖNDÜL, President
Reyhan YALÇINDAĞ, Vice-President
Eren KESKİN, Vice-President
Ayşe BATUMLU, HRA Bursa Branch Head & Member of the HRA General Board
Doğan GENÇ, Marmara Regional Representative and Member of the HRA General Board
Gülseren YOLERİ, Member of the HRA General Board
Kamber ERKOÇAK, Member of the HRA General Board
Kiraz BİÇİCİ, HRA- İstanbul Branch Head