Lawyers apply once again to visit Öcalan

Lawyers from the Asrın Law Office have applied to meet with their client, Kurdish leader Abdullah Öcalan.

Lawyers from the Asrın Law Office have applied to the Bursa Chief Public Prosecutor's Office and the Imrali Penal Institution Directorate to visit Kurdish leader Öcalan who has been held under heavy isolation conditions in the İmralı F Type High Security Prison. No news has been received from Öcalan for more than 23 months. The application was submitted by İbrahim Bilmez, Newroz Uysal, Mazlum Dinç and Cengiz Yürekli.

The Imralı F Type High Security Closed Prison was built specifically for Abdullah Öcalan in February 1999 and has since been operated based on a special status and through special practices.

Under the so-called aggravated execution regime, Abdullah Öcalan and his fellow prisoners, Hamili Yildirim, Ömer Hayri Konar and Veysi Aktaş, have been held under conditions of extraordinary isolation for a long time, 24 years in terms of Öcalan and eight years each in terms of other inmates.

Despite all their attempts, lawyers from the Istanbul-based Asrin Law Office, which represents Abdullah Öcalan and his three fellow prisoners, have not been able to receive even a single sign of life from their clients since 25 March 2021. They could not obtain any information regarding their health status, their detention conditions, their legal situation in 2022. It has been 23 months that their clients have not been heard from in any way.

According to the “2022 Annual Assessment Report on Rights Violations and the Current Conditions in Imrali Island Prison” released by Asrın Law Office on 15 February 2023, Abdullah Öcalan has been held in a single cell in İmralı Island Prison since 15 February 1999. For the first ten years, he was the only prisoner in the island prison. In November 2009, new cells were added to the prison and five other prisoners were brought in. Nevertheless, Öcalan continued to be kept in solitary confinement 23 hours a day on weekdays and 24 hours a day on weekends.

Until 2011, Öcalan’s right to see his lawyers was limited to one hour one day a week, but in fact, he was constantly prevented from availing himself of this limited right, with the authorities alleging the pretext of “adverse weather conditions” or a “technical defect” of the coaster going to the island. In the twelve years since 27 July 2011, he has only been able to see his lawyer five times, between May and August 2019. The last of these five meetings took place on 7 August 2019.

Since 2014, Öcalan has received five visits from family members. His brother’s visit to the prison on 3 March 2020 marks Öcalan’s last direct contact with his family. Also, in 24 years, he communicated with the outside world via telephone on only two occasions (on 27 April 2020 and 25 March 2021). During the last phone call on 25 March 2021, the connection was lost after only two minutes and could not be restored. Öcalan has not been heard from since.

The report by Asrın stated that their clients’ situation was described as a form of “incommunicado” detention by the CPT in its report of 5 August 2020 (paras. 48 and 49). The CPT emphasized that such a state of affairs was unacceptable, urging the Turkish authorities to end it as soon as possible. “Incommunicado” detention means that the detainee or convict is completely prevented from any contact with the outside world and therefore cannot communicate with anyone, including his/her family, friends, and lawyers.

The “incommunicado” detention continued without interruption in 2022 despite lawyers’ weekly applications to the authorities in which they requested for the families and lawyers to be allowed to visit the prison. From 25 March 2021, the last date of contact with Imrali, until the end of 2022, a total of 238 applications for lawyer visits and another 79 applications for family/guardian visits were made. These applications were left without any response. Likewise, lawyers did not receive any letters, telegrams, or faxes from their clients during this period; nor was there any contact via phone.

“After we applied to different international mechanisms, we learned from the government’s responses that our clients’ right to communicate via phone had been restricted for six months by decisions of the prison’s Management and Supervisory Board dated 18 October 2021, 30 March 2022, 9 May 2022 and 9 June 2022, respectively. These restriction orders were not communicated to the lawyers; the procedures were carried out secretly, bypassing the lawyers. Thus, it was understood that our clients’ right to communicate via phone is subject to periodic restrictions through fabricated decisions that are issued once every six months.

Moreover, we have not received any response to the numerous letters sent to our clients at regular intervals throughout the year. It is not known whether these letters were delivered to their addressees at all. In turn, we have also not received any letters, telegrams or faxes written by our clients in 2022.

In addition, the de facto and unlawful bans on family and lawyer visits that have been in place for many years have been maintained systematically and without cease so that not a single family or lawyer visit could take place in 2022. In this respect, 2022 was marked by the absolute impossibility of establishing any contact with our clients in İmralı Island Prison.”