Following talks between Abdullah Öcalan and the Turkish state, a delegation consisting of DEM Party deputies was sent to Imrali Island. On 27 February, Öcalan made a historic statement. After Öcalan called on the PKK to lay down arms, the PKK responded positively to this call.

However, despite the delegation's visits, the isolation imposed on Öcalan persists. Ibrahim Bilmez from Asrın Law Office, is one of Öcalan’s lawyers. He told ANF that weekly applications for family and lawyer visits continue to be submitted, but no response has been received so far. Bilmez emphasizes that this situation indicates the continuation of isolation.

Weekly visit requests are not being answered

Recalling that the requests for family and lawyer meetings are still being ignored, lawyer Bilmez said: "We have been saying since 1999 that a system of isolation is being implemented in Imrali. This isolation system is still ongoing. Yes, delegation meetings have taken place, and Mr. Öcalan has made a very important call to the PKK and the public. The PKK has responded to this call. Despite all this, the law is still not being applied in Imrali. We continue to submit lawyer visit requests on a weekly basis. Applications for family visits are also being made. However, no response is being given to these requests. Yet, if we are going through such an important and historic process, the necessary conditions must also be met. At the very least, the law must be implemented. The right to meet with a lawyer, the right to meet with family, the right to a phone call, and the right to communication - these rights must be granted. But right now, these rights still do not exist in Imrali."

This regulation has not been made for 10 years

Pointing out the importance of recognizing the right to hope, Ibrahim Bilmez also highlights that this right should have been granted ten years ago: "The issue of the right to hope is a requirement of the law. In fact, this is something that Turkey should have resolved ten years ago. About ten years ago, in 2014, based on an application submitted by us lawyers, the European Court of Human Rights (ECHR) ruled in the ‘Öcalan 2’ case that a life sentence without the possibility of release constitutes a violation of the prohibition of torture. In other words, if you imprison someone without any possibility of release, that type of sentence amounts to torture. The ECHR ruled that this is a violation of Article 3 of the Convention. 

Thus, for the past ten years, since this ruling was made, Mr. Öcalan and thousands of other prisoners sentenced to aggravated life imprisonment - whose exact number we do not know - have effectively been subjected to torture. 

Turkey has been required to make legislative adjustments on this issue for the past decade. This is not a matter specific to the current period or process. Turkey is a signatory to international conventions, including the European Convention on Human Rights, and is a founding member of the Council of Europe. The decisions of these bodies are binding for Turkey as well. No one forced Turkey to join these organizations - it did so voluntarily. Therefore, it must also fulfill its obligations under these agreements. However, for ten years, Turkey has failed to do so."

Lawyer Bilmez added: "The concept of aggravated life imprisonment itself was essentially invented as a form of punishment specifically for Mr. Öcalan. Previously, there was no such type of sentence in Turkish law. The death penalty existed, but it was not implemented. Even those who were sentenced to death were released after a certain period. But instead of the death penalty, a new form of punishment was created - what is referred to in legal literature as a ‘sentence similar to the death penalty.’ This aggravated life sentence was introduced and was first applied to Mr. Öcalan. 

This is, in reality, an execution carried out over time. Because being confined between four walls is like being buried alive in a coffin. There is no hope of ever being released; you are essentially dead. This is why the ECHR has ruled that this punishment constitutes torture."

The lawyer underlined that they have submitted ‘Rule 9.1' applications to the Council of Europe’s Committee of Ministers and have maintained constant communication regarding this issue. Various civil society organizations in Turkey have also submitted ‘Rule 9.2’ applications related to this matter. In its most recent meeting from September 17-19, 2024, the Council of Europe’s Committee of Ministers gave Turkey a one-year deadline to make the necessary legal adjustments. They demanded that Turkey resolve this issue within a year. We are currently within that one-year period. It is important to note that the requirement is not to act at the end of the year, but to implement the necessary changes within the year."

Legal regulations must be made

Ibrahim Bilmez said that legal regulations must first be introduced and that these changes also depend on the determination of political authorities. He added: "The first step that must be taken is to amend the relevant articles in the Penal Execution Law, the Turkish Penal Code (TCK), and the Anti-Terror Law (TMK) to include new provisions. For this, legal regulations need to be passed in parliament. This is not a difficult task; it is something that must be done anyway. Additionally, because this is a legal necessity, we believe the opposition will support it. Most importantly, the political will must be in favor of making these changes."