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 Ocalan’s appeal by the court. Now Mr. Ocalan’s 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, Turkey’s application should not be accepted.

All the other points of Mr. Ocalan’s 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).