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, 8 Februray 2003
INTERNATIONAL INITIATIVE BRIEFINGS:
THE REPORT OF INVESTIGATION & INQUIRY
OF THE CLAIMS REGARDING
THE SOLITARY CONFINMENT IN THE CLOSED PRISON OF IMRALI
HUMAN RIGHTS ASSOCIATION (IHD)
8 February 2003
THE SUBJECT OF THE APPLICATION
Family members and legal representatives of Mr. Abdullah Öcalan
who stays as the sole inmate and was held in solitary confinement
in Imrali Closed Prison have applied to the Headquarter of our Association
several times to forward their concerns and complaints verbally
and in written form.
Applicants, Mehmet Ocalan, the brother, sisters Havva Keser and
Fatma Ocalan and legal representatives from the Asrin Law Office,
demanded from the Association to inquire the situation which was
reported in their application that they have not been allowed to
visit Mr. Ocalan since 27 November 2002, that their right to visit
him which was fixed for once a week on Wednesdays has been violated
by producing the same excuse of bad weather conditions, that it
has been 9 weeks (70 days) that they were not able to see him and
that they have serious concerns about the violation of Mr. Ocalan's
rights to life and not to be subject to torture and inhuman treatment.
COMPOSITION OF THE DELEGATION
As the sensitivity of the complaint issue and the urgency of the
matter, the Human Rights Association formed a Human Rights Investigation
and Inquiry Delegation chaired by the President of Human Rights
Association, Mr. Hüsnü Öndül and participated
by vice-presidents, Ms. Reyhan Yalçindag and Ms. Eren Keskin,
the Chairperson of Bursa Branch and the member of General Executive
Committee Ms. Ayse Batumlu and the Representative of Marmara Region
and the member of General Executive Committee Mr. Dogan Genç,
the members of General Executive Committee, Ms. Gülseren Yoleri
and Mr. Kamber Erkoçak and the Chairperson of Istanbul Branch
Ms. Kiraz Biçici.
AIM OF THE DELEGATION
The Human Rights Delegation was formed to inquire the complaints
pertaining to the fact that Abdullah Öcalan has not been allowed
access to his family and lawyers since the 27 November of 2002 -totalling
to 70 days-, to investigate the reasons of this, to make a search
about the conditions of access to Imrali Island, treatments that
the lawyers and the family are subjected to, the obstacles to enjoy
the right of defense and visit, and to observe the manner of conduct
of the competent aouthorities towards these complaints.
The aim was also to inform the relevant national and international
mechanisms about the results of the investigation and to initiate
the necessary attempts to end violations if there is any.
INTERVIEWS AND DISCCUSSIONS MADE BY THE DELEGATION
The Delegation carried out interviews with the applicant family
and lawyers and meetings with the Contact Office of the Gemlik Gendarmeire
Squadron which is the single point for access to the Imrali Closed
Prison, and with the Chief of Public Prosecutor Office of Bursa,
authorised attorneyship, on 5 February 2003 about the complaint
matter
I. INTERVIEWS WITH THE APPLICANT FAMILY
1. Mrs. Fatma Öcalan: At the interview made with Mr. Abdullah
Öcalan's sister, Ms. Fatma Öcalan said followings: "The
family members allowed to visit my elder brother Abdullah Öcalan,
are only the first grade relatives, -me, my sister Fatma Keser and
my elder brother Mehmet Öcalan. Although second and third grade
relatives have the right to visit him, they have not been allowed
to use this right until this day. Many times we were sent back without
being able to visit him with the excuse of bad weather conditions
from the day my elder brother was brought to Turkey until now. We
have not been able to get any affirmative reply up to now about
our request to compensate the lack of visit due to the bad weather
by enabling us to visit him in another day when the weather conditions
are appropriate to set off to the Island. In spite of having requested
several times, we were not able to see him since the date of 13
November 2002 when I was able to visit my brother lastly. In addition,
we have not been provided to enjoy our right either to have an open
visit or closed visit in special times which were provided to other
prisoners and convicts. There is no sign that he is alive; we are
not allowed to communicate with him via phone-calls and letters.
We are quite concerned about his health."
2. Mr Mehmet Öcalan: At the interview made with Mr. Abdullah
Öcalan's brother, Mr. Mehmet Öcalan said following: "It
is me, my sisters Havva Keser and Fatma Ocalan who can visit my
brother Abdullah Ocalan as being the first grade relatives. However,
until today we haven't been given the right to free visit during
the festivities and on the similar days, the right to phone call
and letter that are given to the other prisoners and convicts who
are sharing the same legal status with him, we haven't been given
any positive reply for our demands towards providing this right
which is ours. Besides my sisters can speak very little Turkish
and they can express themselves only in Kurdish. During the visit,
when they sometimes attempt to express themselves in Kurdish, the
offficials there at once interfere the conversations and they clarify
that if they speak in Kurdish, the visit is to be ended immediately.
It was on the date of 27 November of 2002 that I could see my elder
brother for the last time, as a matter of fact, from that date on
neither his lawyers nor any of us have been able to visit him. In
the past, our right to visit that we could use a day in a week on
wednesdays, which we were using since the date of 15 February 1999
that he was brought to Turkey and put in the Prison of Imrali, was
being violated from time to time by showing the bad weather conditions
as a justification and by saying that the coaster Imrali-9 is not
suitable for bad weather. Our requests for delaying our right to
visit that we were loosing under such conditions to another day
or providing a more convenient vehicle haven't been replied by any
means. Anyway the coaster Imrali-9 is not a safe vehicle in every
condition. There were times that the wavelength rose, we came face
to face with some dangerous moments. But it was solely because of
our demand to see our elder brother, for that reason we didn't make
this situation a current issue on purpose until today, for it is
high time, I find it convenient to quote. It is clear that this
vehicle is not convenient for visits, so a more convenient vehicle
has to be set aside for us for our goings to the Island. Since the
date of 27 November 2002, that is to say, including to-day it has
been ten weeks that we have been applying for visiting him every
Wednesday, but we are said that there is southwest wind, we can't
go. In this case we requested to have our visit either in a stormless
weather or with the condition of bearing its payment to go by a
more convenient sea vehicle. However they didn't give any reply
to our requests. At least they could carry out our right of conversating
through phone calls, which is lawful, but this wasn't done either.
My sisters have very serious health problems, every time they endanger
their health with the hope of visiting him. Therefore as a family
we have been facing a serious unjust treatment. We haven't been
able to see him for ten weeks and we even don't know whether he
is alive or not. We have very serious anxieties about his life."
3. Mrs Havva Keser : At the interview made with Mr. Abdullah Öcalan's
sister, Ms. Havva Keser declared following: "Till today from
our family only my sister Fatma Öcalan, my brother Mehmet Öcalan
and I were allowed to visit my brother Abdullah Öcalan. Except
for us there couldn't be any visit by the other members of the family.
As I don't know Turkish well, I was instinctively striving to express
myself in Kurdish from time to time, but they were never letting
me do this and they were threatening us with that they would put
an end to the visit immediately. Therefore at any rate we are determined
to carry on using our right of visiting, which is physicologically
passing under negative circumstances, only and only for seeing him
and for being sure of his health. However I could visit my elder
brother on the date of 13 November 2002 for the last time, since
that date, though I demanded to see him, I couldn't. There were
times that we were occasionally sent back without having the possibility
of visiting with the justification of bad weather conditions in
the past. We requested to make our visit either in a stormless weather
or a more convenient vehicle can be set aside and we can take its
payment upon ourselves, but until today we couldn't get any constructive
reply to our request. We have serious worries about his health."
I. INTERVIEWS WITH THE LAWYERS OF ASRIN LAW OFFICE
1.Lawyer Aysel Tugluk : One of the lawyers of Mr. Abdullah Öcalan,
Ms. Aysel Tugluk gave this information to our delegation: "The
client, including the arrest period, since the date of 15 February
1999 that he was brought to Turkey, has been kept in the Island
of Imrali, he has been being kept alone in the Prison of Imrali
since the date of his imprisonment. He was convicted with the decision
With the decision with registration number of the Decision 1999/73
and Ref. 1999/21 given by the 2nd State Security Court of Ankara.
Except this fact, the client has three different pending trial files
consisting of one in the 8th Criminal Court of Ankara upon the Ref.
99/242, one pending before the Criminal Court of Athens and one
pending upon the application number of 99/46221before the First
Section of The European Human Rights Court as well. We had the possibility
of visiting the client on tuesdays and thursdays, each day for two
hours till the date of 12 January 2000. But after this date wednesday
was chosen to be the day of visit and it was limited with one hour.
No legal reason and justification pertaining to this time limitation
was given us. Our visits to the client did not come true from time
to time by showing the bad weather as a justification. Though many
times we asked the authorities to postpone the unrealized visits
to another day or to make the visit possible with the vehicle called
Imrali-10, which is used during the trials and can reach to the
Island even in the bad weather conditions. Our requests were not
accepted.
Serious restrictions were made during last months on our meetings
with our client on the grounds of bad weather conditions. During
the times when we were able to see our client, it has been prohibited
to give him written materials and documents in relation to our defence.
All written documents and notes taken during the discussion in the
context of trial files to share with other lawyers to prepare common
defence were confiscated from us by the prison officials in the
Island and returned back at the Gendarmerie Contact Office of Gemlik
where the exit procedures are made. However, since 13 February 2002,
our handwritten notes taken at the discussion with our client have
either been returned incomplete or completely confiscated. All our
verbal and written applications to The Prosecutor's office, the
Prison admninistration and to the military officials have been remained
unanswered. This case proves that the confidentiality principle
of the visits has been violated in contradiction to laws. Lastly
we have not been allowed to visit our client since 27 November 2002.
Despite the fact we stated that in the case of bad weather conditions
it can be made possible to go to the Island by another vehicle that
may be found or the visit can be fulfilled another day (a day except
wednesday) when the weather conditions are convenient, we could
not get any reply for these requests we did. Moreover the right
to communicating with his family and lawyers by phone calls, which
is recognized for the prisoners and convicts sharing the same legal
status with him, has not been recognized for our client. Because
of the aforementioned reasons and the pending trials, the defence
right of the client and our side is seriously being violated. The
isolation circumstances has turned into the most aggravated situation
through these latest practices. We have serious worries about our
client's life."
2. Lawyer Irfan Dündar: One of the lawyers of Mr. Abdullah
Öcalan, Mr. Irfan Dündar gave our delegation this information
below: "We sometimes may not have been able to visit the client
with the justification of the bad weather since 15 February 1999,
the date he was imprisoned. But this situation tended to rise step
by step dating from summer months of 2002. Recently we were not
allowed to visit him since 27 November 2002. Though it was justified
by the bad weather conditions, it is known that there are thousands
of military officials, the manager of the prison and civilian staff
living on the Island, there are sea vehicles convenient for the
technology of our day which are being used both for the departure
and arrivals of the officials and for quenching their needs under
every kind of weather conditions, the officials can go to the Island
by these appropriate vehicles. Besides, despite we request that
an other day except the Wednesdays can be determined in order to
go on a day that the weather conditions are convenient, our request
is once more refused by the bad weather justification. Although
the meteorological informations say to us that the conditions are
appropriate, again the inconvenience of the weather is shown as
a reason. During the last 10 weeks, only once, on the date of 29
January 2003, when we were on the way to the Island aboard of the
coaster Imrali-9, we returned for the wavelength excessively rose;
except for that time, during our 9 attempts we were not allowed
to set out by any means. In 29 January 2003, after we returned,
they made us sign a written report which was justifying that the
weather conditions were not convenient, but by indicating that,
as if we had signed this report on our whole set-outs and by saying
"the lawyers also accepted that the weather conditions are
not reasonable" they seek a pretext and they distort the truth.
The client's defense and all other legal rights are completely being
violated. Our client has been kept alone since his imprisonment
started, that is to say, he is alone for four years and the aggravated
isolation conditions are being applied against him. Although we
several times requested a TV for him, this legitimate right has
still not been recognized for him. Furthermore we were taking to
him the newspapers of the times that we couldn't come into contact
with him, but we know that they give him only some of them and they
recently have reduced this number to one. In the same way they don't
give him all of the books that we take to him, the administration
of the prison shows a rather arbitrary attitude. He can not benefit
from the rights given to the prisoners and convicts sharing the
same legal status with him, he is not allowed to use his right of
making phone calls and sending letters, therefore his right to communication
is entirely being violated. Moreover he is not allowed to visit
his family during the festivities and on similar days through open
or closed visits. The client has trials still pending before 8th
Criminal Court of Ankara, Criminal Court of Athens and the European
Human Rights Court. In this case his and our -his legal representatives-
rights to defense are being violated in the most aggravated way.
Due to not having been able to receive any information about him
since 27 November 2002, the date we saw him for the last time, we
are seriously concerned. On account of our worries and our legal
rights, none of our written and verbal attempts that we made to
the Ministry of Justice, The Deputy of Prime Ministry Responsible
For Human Rights, The Commission of the Great National Assembly
of Turkey For Inspecting Human Rights and the Directorate of Arresthouses
gives result.
3. Lawyer Bekir Kaya: One of the lawyers of the Law Office of Asrin,
Mr. Bekir Kaya gave that information below: "The number of
the lawyers that can visit the client is currently limited with
4 utmostly since the day he was imprisoned. During the periods that
we could see him, we were making the visits together with sometimes
three, sometimes four collegeaues. Though his sisters and brother
and we -his representatives- go to the Gendarme Station of Gemlik,
which is the first route to the Island, every Wednesday and request
to go to see the client, we are said that the weather conditions
are not convenient, we can't go. Even yet when we call to the the
Directorate of Meteorology and get the fact that the altitude of
wavelength is suitable, they show the bad weather justification.
The justifications that the authorities put forward are completely
without basis. As a matter of fact, the Deputy of Chief of Bursa
Public Prosecutor Office, Mr. Cemil Kuyu also showed to us the copies
of some correspondences that had been made in 1999, we saw the fact
written in, saying that in case the wavelength is over 5, the coaster
Imrali-9 would be dangerous, it can't go to the Island. But when
we corcern that sometimes even when the wavelength was surpassing
5 metres, we were going to the Island, it is clear that the lives
of the lawyers and other people on the coaster were being disregarded.
The client has trials stil pending before the local and international
courts, in this case we can't visit him, we are not allowed to get
in touch with him about the trial files, so his right to defend
himself is being violated. In addition to this, for the alternative
vehicles are not being provided and he is deprived of phone call
right, because we couldn't hear of him, we have serious worries."
III. MEETINGS WITH THE OFFICIAL AUTHORITIES
Our delegation went to the Gendarme Contact Office of Gemlik, the
place where the lawyers and the members of the family apply to in
order to go to the Island of Imrali, on the date of 5 February 2003
and witnessed the treatment practised upon the lawyers and the family
for a while. Then the delegation had a meeting with the Commander
of the Gendarme Contact Office of Gemlik and the Chief of Public
Procutor Office of Bursa, Mr. Emin Özler.
1. The Commander of the Gendarmerie Contact Office of Gemlik: The
Human Rights Delegation went to the Gendarme Contact Office of Gemlik
at 8:20 in the morning, introduced the delegation and explained
the reasons of their presence to the authorized officials of the
Contact Office in details.
The members of the delegation told the Commander of the Gendarmerie
Contact Office of Gemlik the complaint's subjects and the delegation'
s questions such as the reasons of not fulfilling the visits, whether
it is possible to compensate this right by other vehicles or not,
the reason of not alloting another sea vehicle which would be convenient
for the bad weather and etc. were not replied by the Commander.
The members of the delegation were not allowed to enter, they were
kept in wait outside. During the meeting it was observed that the
people from the press were being warned by the gendarme authorities
not to take any pictures.
2. The Chief of Public Prosecutor Office of Bursa, Emin Özler:
As the Gendarme Commander did not reply any of the questions that
were asked to him, the delegation members went to the Office of
Chief of Bursa Public Prosecutor and requested to have a meeting.
During the meeting with the Chief of Public Prosecutor, Mr. Özler,
that continued approximately for an hour:
- The Human Rights Delegation explained the reason of its coming
and the application that Öcalan's family and his lawyers made,
asked the reason of not being able to go to the Island of Imrali
for the last ten weeks. The Chief of Public Prosecutor, Mr. Özler
stated that there was the southwest wind outside and exactly like
that day, during the past weeks too, because of the inconvenient
weather conditions it was impossible to set off to the Island.
- Mr. Özler, after stating to the delegation that the coaster
Imrali-9 could proceed till wavelength 4 meters and the vehicle
Imrali-10 could proceed till 7 meters, did not reply the delegation'
s question asking the reason of not assigning the vehicle Imrali-10.
- After learning that the vehicle Imrali-9 was weak against the
harsh weathers, the delegation explained that it meant to risk the
lives of the lawyers, the family members, the captain and the security
forces on the vehicle, the high sensitivity of Human Rights Association
about protecting the lives of the living was expressed and for this
reason it underlined the necessity of providing a vehicle convenient
for every kind of weather conditions. In response to this, Mr. Özler
stated that they had written to the Ministry of Justice for the
assurance of a different vehicle, but as they already hadn't taken
a reply, he didn't know when it would be assured.
- The delegation stated that the lawyers and the family can be
taken to the Island by the vehicles that convey the various needs
of thousands of security forces and the prison staff in the Island
of Imrali such as food, drinking and warming up, but the attempts
that were done about this matter until today had not been replied,
the delegation asked its reason. Mr. Özler did not reply this
question.
- The delegation stated that Öcalan had trials that were still
pending and for this reason hindering his meetings with his lawyers
was the violation of defense right. Mr. Özler did no comment
about this subject.
- The delegation members said that in case of the bad weather conditions
on Wednesdays, the lawyers and the family could go for their visit
another day, they asked the reason for their negative reply about
this subject. Mr. Özler expressed that he did not have any
information about this subject and there was an arrangement based
upon only for Wednesday in order to provide the visits for the family
and the lawyers.
- The delegation stated that the right to open meeting with the
family that is given to the other prisoners and convicts hasn't
been given to Öcalan, the delegation couldn't get any reply
about this matter.
- The delegation asked Mr. Özler whether on the days the visits
were requested the weather report was coming to him or not, if it
was coming, which authorized department was sending that report
to him, but the delegation couldn't get the reply of this question
either.
- It was stated that there was a widespread anxiety about the fact
pertaining to the violation of Öcalan's right to life and this
is a menace to the internal peace in Turkey. Mr. Özler replied
that nobody should worry about this matter. He said that Öcalan's
health was good and he was being examined by the doctors who were
going to the Island once every three weeks. When the delegation
asked the reason why the vehicle carrying doctors was not allocated
for his lawyers and family, Mr. Özler replied that from time
to time the doctors could not go to the Island either.
- When the delegation asked the reason of not allowing Öcalan
to enjoy the right to make phone calls which has been provided to
all other prisoners in Turkey, Mr. Özler said that there was
not such telephone appliance in the Closed Prison of Imrali. Upon
the suggestion that he could use the same method as was used by
officials in the Island to meet their need for telephone, Mr. Özler
said that it was impossible to give this right to Öcalan.
RESULTS OF THE INVESTIGATION & INSPECTION
After the several applications that were made to our Association
by the Law Office of Asrin and Öcalan's family, after the official
meetings it had, the delegation makes the evaluations below:
· Since the 15 February 1999, the date he was brought to
Turkey, Öcalan is being kept as a sole inmate and held under
solitary confinement in the Closed Prison of Imrali. The prison
used to be semi-open prison until 1999, was given the status of
Cell Type Closed Prison following the rearrangement in the internal
regulation of Imrali Closed Prison and Detention House made by the
Ministry of Interior.
· Öcalan has been kept in a place as a sole inmate
who has not allowed to acquire a television set and to receive daily
newspapers. This situation is an aggravated violation of his communication
right.
· Öcalan had been allowed access to his family and
his lawyers twice a week, tuesdays and thursdays, for two hours
each day from the date he was arrested until 12 January 2000. Since
12 January 2000 number of visits was reduced to one day in a week
(wednesdays) and the duration of visit was reduced to one hour.
The authorities have not made any explanation on this time restriction.
It is the restriction and violation of the right to defence to impose
time limitation on meetings with lawyers for the one whose trials
are still pending.
· Although Öcalan's family and lawyers sometimes have
been hindered with the justification of bad weather and have requested
another day to be fixed instead of the visits they could not make,
they have not been able get any reply for their requests. Öcalan
could talk with his lawyers only for three times, all told for three
hours (on the dates of 9 October 2002, 13 November 2002 and 27 November
2002) between the dates of 18 September 2002 and 27 November 2002.
Lastly since 27 November 2002, that is to say during ten weeks (70
days), his family and his lawyers have been being hindered to go
to the Island of Imrali with the justification of bad weather conditions.
· There are three different cases of Öcalan consisting
of one pending before the 8th Criminal Court of Ankara with the
base number 99/242, one pending before the Criminal Court of Athens
and one pending before the First Section of European Human Rights
Court with the application number 99/46221. In this case he can
not Access his lawyers and this means the apparent violation of
his right to defend himself and violation of his right to fair trial
which were taken under guarantee by the Constitution, the Law of
Criminal Procedure and other relavent local and international subjects
under discuss. As a matter of fact, the Article 34 of the European
Convention of Human Rights regulates: "The High Contracting
Parties undertake not to hinder in any way the effective exercise
of this right(the right to individual application to the European
Court of Human Rights)" In that way the Article 144 of the
Law of Criminal Procedure regulates: "The defender and the
defendant can always talk to each other and in a place where no
one can hear what is spoken. The corresponce of these people with
their defenders can not be subject to inspection." However
Öcalan is not allowed to correspond and talk with his representatives.
Despite the fact that the Article 28 of Internal Regulation Remand
Institutions clearly puts"
the Articles 107-116
and 144 of the Law of Criminal Procedure are applied about the acceptance
of a representative or a visitor" in order, the possibility
of provision of legal aid and counselling which is the aim of the
meeting between lawyer and client has been eliminated by not allowing
Ocalan to see his representatives.
· Applications by means of either returning written notes
incomplete or completely confiscating those notes taken by lawyers
to use for ongoing court cases of Ocalan since 13 February 2002
are the violation of the domestic and international legislation
protecting the confidentiality of the lawyer-defendant relation
and the violation of the right to defence.
· His rights to communicate to his relatives and his lawyers
and to correspondence via letters are being violated.
· In the correspondence of 5 February 2003 that The Ministry
of Justice, the General Directorate of the Prisons sent to the Asrin
Law Office, it is stated that for the Article 155/A of the Regulations
on Execution and Remand Institutions that put in order a convict's
request for making him benefit from the right to phone call is not
definite and normative, it can not be given to a person who does
not have a "good conduct" and for this reason he would
not be allowed to use the right of phone call. From the point of
view of being a lawful state such a statement is an unfortunate
statement; it means the apparent violation of the Principle of Equality
and the Article 14 of the European Convention of Human Rights that
is putting the Prohibition of Discrimination in order. Rights can
not be saved by making discrimination between the identities of
individuals. This situation is not a situation that can be saved
according the administration's state of affairs.
· In the same correspondence, it is stated that the scope
of the free visit would be restricted; it is possible to say that
the administration is materializing the prohibition of discrimination
by not giving the right to free visit.
· Again in the same correspondence, it is stated that meeting
the needs of the Island, changing the staff that is on duty and
the arrivals of the ships possessed by the Commandership of Naval
Forces were planned according to the days of monday, tuesday, thursday
and friday, the medical treatment and training activities of the
staff were determined according to this process, so because of the
planning in question, it is not possible to postpone the visit which
is not succesful on account of any reason to another day within
the same week. When it is kept in mind that the right to defense
and visit is being hindered, it is far to believe in this justification.
· In addition to those facts, the human rights delegation
observed that the lawyers and the family were not taken into the
Gendarme Contact Office of Gemlik, till a reply came from the the
Headquarters of the Island -according the information that the lawyers
gave, sometimes this would last hours-, they were kept in wait outside
in the cold weather.
QUESTIONS TO BE ANSWERED
In the light of above-mentioned findings , the human rights delegation
invites authorities to provide urgent answers for following questions:
1. It is the "Crisis Centre",- known as Coordination
Centre- which manages the entrance and exits for security and visits
in Imrali Closed Prison. The Crisis Centre run by the Secretariat
of the General Staff under the mandate of Prime Ministry. What are
the legal criteria applied in the work of Crisis Centre in Imrali
Closed Prison which normally should have been managed by both the
Execution Prosecutor and the Diractorate for Prisons according to
the national legislation, and how is the legal supervision of the
work of the Crisis Centre ensured? What is the address of this Centre
and who are the managers?
2. What sort of transportation means are used for prison and security
personel - of which number is reported as approximately two thousand
- to enter and exit in/from the Imrali Island?, and what is the
reason not to enable family members and lawyers of Mr. Ocalan to
reach island by sea vehicles resistant to all sorts of wheather
conditions.
3. What is the reason to allocate a sea boat named "Imrali
9", which has been reported even officially that it is not
resistant to heavy wheather conditions, since four years by not
taking into consideration the right to life of lawyers, family members,
security personel and the captain?
4. What is the reason not to allocate up to now another boat named
Imrali 10 which is resistant to waves at 7 metres height?
5. What is the reason not to allocate Coastal Security Boats which
were allocated during the period of hearings and proved to be resistant
to stormy weather?
6. What sort of vehicles has been used to meet needs of personnel
on duty in the Island? and why have not these vehicles been allocated
for the use of family members and lawyers in reaching to the Island.?
7. Even when we think that every Wednesday has not been suitable
for reaching to the Island due to heavy weather conditions, what
is the reason not to arrange any other day which may be suitable
to access to the Island?
8. What is the reason is not to enable Mr. Ocalan to exercise the
right to make telephone call to his lawyers and family members in
line with the latest amendment made in the Anti-Terror Law in favour
of telephone calls?
9. What is the reason to violate and not to respect to the right
to communicate with family members and lawyers through letters?
10. What are reasons not to enable Mr. Ocalan's family to exercise
their right to have open visits with Mr. Ocalan, while it has been
given to other prisoners having the same statute with Mr. Ocalan?
11. What is the clarification of the phrase "visit which did
not realised for any reason" in the letter of the Directorate
General for Prisons of the Ministry of Justice dated 05.02.2003"
DEMANDS OF THE DELEGATION
1. The Human Rights Association defends the protection of the right
to life and the right not to receive torture and inhuman treatment
in everywhere and in every circumstances. Rights to life and not
to receive torture and inhuman treatment of Abdullah Öcalan
have to be taken under guarantee. A statement should immediately
be made to remedy concerns of family members and lawyers of Ocalan
and a visit day should immediately be fixed without making any condition
on days.
2. The HRA defends the impunity of the right to defence. The violation
of the right to defence should immediately be ended by enabling
lawyers to see Mr. Ocalan. In this context;
a. The visit should be provided to family members and lawyers for
another day if the fixed day was not available due to wheather conditions,
b. Either a more secure vehicle should be provided for passengers
to reach the Island in order to protect their life to right as the
already-allocated sea boat Imrali 9 is not a secure vehicle, or
the vehicles allocated for security personel should be made available
for family members and lawyers to facilitate their access to the
Island,
c. If it is not possible to arrange these, Mr. Ocalan should be
transferred to another prison where lawyers and family members shall
have a better and secure access to Mr. Ocalan.
3. The HRA is against the implementation of discimination in every
circumstances. The discrimination applied to Mr. Ocalan should immediately
be ended and he should be provided same rights with other prisoners
having the same statute in making telephone calls, communicating
and having visits. He should also be given the rights to have open
or additional closed visit with his relatives at first degree during
special days like festivities.
4. The HRA invites authorities urgently to make a statement by
indicating that Mr. Ocalan shall be provided all his legal rights,
and to take immediate measures to provide conditions to enable his
lawyers and family members access to him in order to remedy concerns
about his health.
5. The HRA has always stated its satisfaction for the non-existence
of armed conflict and positive results emerged from this non-existence
of conflict. Any out-of-law and anti-democratic policies which may
lead to a conflict atmosphere in Turkey should be avoided. Administrative
practices based on out-of-law which by nature increases the tension
should be ended.
6. Solitary confinment and isolation applied to whoever is a humanity
crime. Everybody including convicts and prisoners has the right
to exercise human rights and fundemental freedoms. We invite state
organs and authorities to respect to this principle.
Hüsnü ÖNDÜL, President
Reyhan YALÇINDAG, Vice-President
Eren KESKIN, Vice-President
Ayse BATUMLU, HRA Bursa Branch Head & Member of the HRA General
Board
Dogan GENÇ, Marmara Regional Representative and Member of
the HRA General Board
Gülseren YOLERI, Member of the HRA General Board
Kamber ERKOÇAK, Member of the HRA General Board
Kiraz BIÇICI, HRA- Istanbul Branch Head
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