International Initiative
Freedom for Ocalan Peace in Kurdistan
P.O. Box 100511, D-50445 Koeln
E-Mail: info@freedom-for-ocalan.com
Url: www.freedom-for-ocalan.com
Cologne, 1 October 2002
INTERNATIONAL INITIATIVE BRIEFINGS:
Decision in Ocalan case adjourned again
- new target date January 2003
The pro-Kurdish news agency MHA reports that the European Court
of Human Rights again postponed its decision in the Ocalan case
until January 2003, which had originally been planned for the end
of October.
The news agency quotes a reliable source at the court as saying
Turkey had filed an application in order to withdraw any violations
of article 2 of the European Convention on Human Rights from the
proceedings. Turkey believed that the abolishment of the death penalty
had altered the legal basis of the admission of Abdullah Ocalans
appeal by the court. Now Mr. Ocalans lawyers will have to
give their comment on that. It seems highly probable, though, that
they will reply in the negative: The application could not be accepted
since the death penalty had not been lifted without reservations
and was still applicable in times of war. Additionally, the political
situation in Turkey was not yet clear, the Turkish-Kurdish conflict
as yet unresolved, and a flare-up of armed fighting not completely
averted. Furthermore, there were the severe prison conditions on
Imrali putting life or physical condition of their client at risk.
Therefore, Turkeys application should not be accepted.
All the other points of Mr. Ocalans appeal already admitted
by the court are not affected by this application (which are inter
alia, Art. 3, torture or inhuman or degrading treatment; Art. 5,
right to liberty and security of person; Art. 6, fair and public
hearing; Art. 8, right to respect for his private and family life;
Art. 9, right to freedom of thought, conscience and religion; Art.
10, right to freedom of expression; Art. 13, effective remedy).
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