Rozerin Gültekin

 

ISTANBUL - Peace Foundation member Fatma Bostan Ünsal drew attention to the fact that Kurdish People's Leader Abdullah Öcalan and many prisoners cannot benefit from the right to hope. Fatma Bostan Ünsal said, "Making the necessary legal arrangements in the Parliament will contribute both to strengthening the rule of law and to making healthier progress in the peace process."

 

The fact that prisoners sentenced to aggravated life imprisonment in Turkey cannot benefit from the ‘right to hope’ continues to draw the reaction of legal circles and civil society organisations. Finally, 46 bar associations and non-governmental organisations issued a joint statement stressing that this right should be recognised equally for all prisoners. The exclusion of the right to hope in crimes against the state is incompatible with the principles of human rights and the rule of law.

 

Peace Foundation member Fatma Bostan Ünsal made evaluations on the right to hope. 

 

‘De facto death penalty’

 

Fatma Bostan Ünsal stated that there is a double standard in the implementation of the right to hope and said, "Prison or legal sanctions are not designed to punish people for life; they are designed to ensure that they can contribute to society again. Therefore, after a certain period of time has passed, it is necessary to evaluate whether individuals can provide the conditions to be useful to society again. However, in Turkey, prisons are perceived as existing only for the purpose of punishing individuals. The potential contribution of the individual to society is not taken into account. Especially in the case of offences against the state, it is envisaged that the individual will spend his/her entire life in prison. This de facto means an extended death penalty."

 

Double standard: The right to hope

 

Fatma Ünsal pointed out that the right to hope should be put on the agenda again by both the society and the Parliament without applying double standards in crimes. Fatma Ünsal said, "Because this double standard has been created by legal regulations and the relevant laws should be abolished. While the state can easily forgive crimes against individuals, this area is completely closed in crimes committed against the state, while the discretion should be wide. In Turkey, offences against the state are mostly considered within the scope of ‘terrorism’. However, in recent years, the technical definition of terrorism has been expanded in a way that is completely free from violence; even issues such as depositing money in a bank have begun to be associated with terrorism. The state's inclusion of every offence committed against it within the scope of terrorism leads to serious human rights violations."

 

Efforts of NGOs

 

Referring to the statement on the right to hope made by bar associations and NGO representatives, Fatma Bostan Ünsal said that it is important to put this right on the agenda and implement it in this period when peace is being discussed. Fatma Bostan Ünsal said, ‘There are people who cannot benefit from the right to hope because they are considered within the scope of offences against the state, and who have been imprisoned for many years. For this reason, we prepared such a text and declared it to the public in order for the society and the Parliament to put this issue on the agenda. We hope that this issue will be discussed, debated, put on the agenda and achieve its goal in this process. Unfortunately, the field we call ‘civil society’ in Turkey is not very developed. For many years it was also weak in politics because tutelary democracy prevailed.

 

Bar associations are defence authorities. The fact that they, together with other civil organisations, have prepared a text taking this issue into consideration is a positive step. It is also extremely valuable for civil society to come together and put on the agenda issues that society should discuss.

 

‘The judgements of international courts must be respected’

 

Noting that the right to hope concerns Abdullah Öcalan and thousands of prisoners, Fatma Bostan Ünsal said: "There are many people who have been sentenced to life imprisonment for crimes committed against the state. The rights violations of other prisoners, especially Abdullah Öcalan, will be eliminated in this way. Abdullah Öcalan can also benefit from this right like other people. Moreover, there is a judgement issued by the European Court of Human Rights (ECHR) against Öcalan. If the right to hope is implemented, this decision will also be realised. Unfortunately, Turkey has become a state that does not implement the judgements of international courts. We see this most clearly in the case of Israel. Failure to comply with the judgements of international courts is a major deficiency for a state. Turkey can compensate for this defect by exercising its right to hope."

 

 There's a lot to do...

 

"Freedom of expression must also be ensured in this area. The fact that the wider public is unilaterally informed and constantly exposed to one-sided propaganda later turns into a situation that ties the hands of politicians as well. For example, many things are said about Abdullah Öcalan, but when it comes to peace processes, people cannot make sense of the situation sufficiently due to this one-sided propaganda and social support weakens. This becomes a factor that makes it difficult for the peace process to continue.

 

For this reason, it is necessary to provide an environment of negotiation and dialogue that goes beyond one-sided information so that people can see different points and perspectives and move away from the propaganda of a single channel. Civil society will contribute to this."