ISTANBUL - The attorneys of PKK Leader Abdullah Öcalan have made a new application to the CPT for their clients, who have not been heard from for more than 21 months, and demanded the release of the report on his last visit to İmralı.

  

No news has been heard from Ömer Hayri Konar, Veysi Aktaş and Hamili Yıldırım, who have been held in the same prison as PKK Leader Abdullah Öcalan, who has been held under heavy isolation conditions in İmralı F Type High Security Prison for 24 years, for more than 21 months. Lawyers of Asrın Hukuk Bürosu have made a new application to the Council of Europe Committee for the Prevention of Torture (CPT) regarding their clients. The CPT was requested to disclose the report on its visit to İmralı between September 20-29 in the application.

 

AGGRAVATED INCOMMUNICADO

 

It was stated in the application: "The visits of family and lawyers, as well as telephone, letter and communication rights were blocked. The right of defense and fair trial were also blocked. These rights were protected by the European Convention on Human Rights (ECtHR). The 'incommunicado (not receiving news)' situation has worsened. Regular applications have been made to the Bursa Chief Public Prosecutor's Office and the İmralı Type F High Security Closed Prison Directorate in the last 3 months, 32 lawyers and 14 family interviews made to both authorities have been left unanswered. 350 lawyers from 22 different countries, mainly European institutions, applied to the Ministry of Justice on  September 14 and 756 lawyers from the Middle East on September 19, and the cases of the applicants and defense lawyers were also left unanswered." As the fate of the letters previously sent to the applicants is unknown. It is not known whether the new letter dated September 27, 2022, sent in this reporting period, has also reached.

 

LAWS ARE VIOLATED

 

In the application, which reminded of the disciplinary penalties given in May, September and January, it was stated that the reason for the bans was not communicated and that the lawyers were responded after the objection period expired. In the application, “The applicant's lawyers are deliberately excluded from the stages of disciplinary investigation, trial and decision with this method; thus, the 59th rule of the European Prison Rules, which stipulates that 'the prisoner accused of disciplinary action should be able to defend himself through a legal assistant when the interest of justice requires', is rendered de facto dysfunctional.

 

TURKISH STATE DOESN'T FOLLOW THE RECOMMENDATION

 

In the application, which stated that the objections against disciplinary penalties were quickly rejected by the courts without justification, attention was drawn to the Committee's 2020 report. In the application, it was reminded that in the said report, it was determined that the disciplinary punishments preventing family contact were "unlawful". It was stated ın application: "It should be recalled that your Committee clearly determined in its 2013 report that the refusal to hold lawyers' meetings, which has been going on since July 27, 2011, is based on a political decision that is against both domestic legislation and international law. It was recommended that this situation was unacceptable and that lawyer meetings should be made effective in practice; however, nothing has changed in the attitude of the authorities and courts since then."

 

‘IT IS OBLIGATORY’

 

In the application, it was stated that the last visit of the CPT to İmralı was pointed out and that the CPT did not publish any statement or report on this visit, and did not express any opinion despite the contacts made. In the application, the following was stated: "For this reason, it is necessary for your committee to present the report of its last visit to the public as soon as possible, considering both the necessity and the incommunicado state. As determined in the reports of your committee, the 'Incommunicado' detention state means that there is no communication with the outside world. and therefore the prisoners cannot communicate with anyone, including their family, friends and lawyers.It is incomprehensible that your committee does not resort to operating the procedures regulated in Article 10/2 of the European Convention for the Prevention of Torture (AİÖS), which is a coercive measure to eliminate the 'incommunicado' state. Failure to carry out the procedures raises serious doubts about the attitude of your committee. Do not lead to the conclusion and opinion that your last visit was not taken seriously by the Turkish state, government, public authorities and courts, did not cause any effect-changes, and went beyond a formality. The Turkish state, government officials and courts, which responded to your last visit with a decision to ban lawyers after a disciplinary penalty, almost gave the message to your committee, 'Your routine visits, reports, findings and recommendations are of no importance to us, we will continue to do what we know.' The time has come for you to respond effectively to such an unlawful, inhuman, frivolous and arbitrary approach.”

 

REQUESTS

 

In the continuation of the application, the following demands were listed:

 

“* to declare to the public that Your committee's 'urgent' announcement of its last visit and its findings,

 

* To ensure that lawyer visits are carried out immediately and to ensure their continuity, and to put an end to their obstruction by unlawful court decisions,

 

* Carrying out and ensuring the continuity of family and guardian visits and ending the prevention of illegal disciplinary punishments,

 

* Ensuring that applicants use their routine telephone rights with their families and relatives in parallel with the establishment of visitation rights,

 

* Ensuring that all obstacles to communication with the outside and with their lawyers by letter, telegraph and fax are eliminated,

 

* Ensuring that the actual or illegal practices related to newspapers, magazines and books are ended,

 

* Taking coercive measures to eliminate torture, inhuman and ill-treatment conditions and incommunicado and Convention 10/2. The operation of the procedures set out in the article is requested immediately.”

 

MA / Mehmet Aslan