International Initiative
Freedom for Ocalan Peace in Kurdistan
P.O. Box 100511, D-50445 Koeln
Telephone: +49 221 130 15 59
Fax: +49 221 139 30 71
E-Mail: info@freedom-for-ocalan.com
Url: www.freedom-for-ocalan.com
Cologne, 21 April 2005
International Initiative Briefings:
Ocalan Law becomes a Boomerang
or Nothing New from Turkey
Turkey has got a problem. Again. Before the decision of the European
Court of Human Rights (ECHR) in the appeal hearing and case of Abdullah
Ocalan is made, debates are emerging in Turkey about how a new trial
of the leader of the Kurds could be prevented.
This is based on the general impression that the ECHR will decide
to uphold and follow the previous judgement in Ocalans case.
At the end of the first appeal hearing the judges in Strasbourg
concluded that Ocalan did not receive a fair trial with an independent
court, his rights to defence were restricted and he suffered inhuman
treatment through the imposition of the death sentence. Should these
findings be supported and confirmed, Turkey is faced by a serious
dilemma.
In the context of the EU accession process, the Turkish government
did introduce various legal and judicial reforms also concerning
criminal law according to which judicial decisions made in Strasbourg
have to be accepted and implemented on the national level. At the
same time, these legal reforms are severely limited by other new
laws in Turkey. One example is the principle of the reopening of
legal proceedings which according to the reform is not applicable
to trials closed by the beginning of 2003. The trial in question,
against Abdullah Ocalan, is therefore excluded from that legal provision
the basis of which was built on the fear that the enemy of
the state, Ocalan, could gain from a democratic reform of
the legal system. Tellingly, the bill of the criminal law reform
has been christened Lex Ocalan/ Law Ocalan
by the Turkish media.
What are these fears about? Why is it that Ocalan is still the
focus of so much debate? It is not so much the person Abdullah Ocalan
himself who is causing the controversies. Rather his name and personality
are closely intertwined with a conflict which is still awaiting
its solution. As soon as the Kurdish question is mentioned or raised
in any form, the governmental elite in Ankara and military circles
react with defensive reflexes which are not easily comprehendible
to Europeans. This is far from rational behaviour and action. Recent
developments in Turkey seem to support this impression.
Currently, a nationalist wave is sweeping across Turkey. Flagged
marches and demonstrations are held everywhere and members of the
opposition are attacked on the street. Triggering this outburst
of Turkish nationalism was a statement by the general staff of the
Turkish army according to which, in the context of this years
Newroz festivities, two Kurdish children threw a Turkish flag on
the ground in the Turkish costal town of Mersin. In this statement
the Kurds were described as so-called citizens of Turkey
who ought to be taught how to behave properly. The nationalist mood
is not directed against Kurds only; Turkish journalists and intellectuals
are also victims of discrimination. The Turkish writer Orhan Pamuk
is faced with death threats as he dared to openly comment in an
interview on the Turkish-Kurdish conflict and the massacre on Armenians
in 1915. Cartoonists have to pay horrendous fines because their
works are not approved of by Turkeys minister president Erdogan.
Also in Europe politicians and diplomats recognise with increasing
frustration and alienation that the efforts and enthusiasm for reforms
in Ankara slowed down considerably. Only recently, the European
commissioner for enlargement, Oliver Rehn, called on Turkey pressing
for continued reform efforts. If these efforts do not materialise
the beginning of membership negotiations between Turkey and the
EU set for 3 October 2005 might be called into question. This official
reminder or warning is not surprising given the realities in Turkey.
Reforms that have been announced are delayed or not even tabled;
reforms that are decided upon are only partially implemented if
at all. International human rights organisations such as Amnesty
International and Human Rights Watch report a rapid increase in
human rights violations and increasing racism directed against the
Kurds as a whole. The Turkish army is currently speeding up and
extending its military operations against Kurdish rebels in Kurdish
regions. News media report heavy fighting, injuries and casualties.
Lasting longer, these military clashes might escalate and develop
their own deadly dynamics.
How can a possible re-trial of Ocalan been understood in this political
context in Turkey? One the one hand, Ocalan still polarises and
divides public opinion, to some he is a hero, to others an enemy
of the state. On the other, already the fact of a public and fair
trial will cause uneasiness with those which would like to ignore
the Kurdish question completely. It is very likely that in such
a re-trial controversial questions such as the Turkish-Kurdish war
and the actions and behaviour of the Turkish army will be raised.
This would be an immense political issue which many want to prevent.
However, one thing is for sure: Also if the problem is ignored and
denied on the highest political levels, it nevertheless breaks its
way through other channels and will come to light. Nevertheless,
a re-trial of Ocalan could also be a chance for a new start bringing
the Turkish and Kurdish sides together. The Kurds seem to be ready,
willing and prepared. It is for Turkey to take the next steps. Otherwise
it will be more than difficult for Turkey to fulfil the EUs
expectations for membership.
(Translation by Susanne Kempe)
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