"Bahçeli's Call for the Right to Hope to Öcalan"

During the opening of the new legislative year of the Turkish Grand National Assembly (TBMM), MHP Chairman Devlet Bahçeli shook hands with the co-chairs of the DEM Party. In his speech at the party group meeting on October 15, Bahçeli called on Abdullah Öcalan, the leader of the PKK terrorist organization, who is imprisoned in İmralı Prison, to "unilaterally declare that terrorism has ended and that the organization will be dissolved."

POLITICS MOVED AFTER BAHÇELİ'S CALL

Bahçeli's statements raised the question of whether "a new resolution process is beginning," while at the MHP's last group meeting, Bahçeli stated, "If the isolation of the terrorist leader is lifted, let him come and speak in the DEM Party group at the TBMM, let him proclaim that terrorism has completely ended and that the organization has been dissolved. If he shows this determination and resolve, then the legal regulation regarding the use of the 'Right to Hope' should be made, and the way for him to benefit from it should be opened wide."

"THE PROPOSAL IS AWAITING IN THE JUSTICE COMMISSION"

While reactions to Bahçeli's statements continue, the proposal by DEM Party Group Deputy Chair and Erzurum MP Meral Danış Beştaş regarding "amendments to certain laws for the evaluation of conditional release conditions in the execution of aggravated life imprisonment sentences in the 25th year" has come back to the agenda. Beştaş's proposal is currently awaiting in the agenda of the Justice Commission. In the general justification of the law proposal, Beştaş stated: "The death penalty was abolished in Turkey in 2004, and aggravated life imprisonment was introduced instead. The temporary Article 2 of the Turkish Penal Code stipulates that those convicted of terrorist crimes punishable by death are deprived of the right to conditional release. Aggravated life imprisonment is quite severe in terms of execution conditions, and prisoners are kept only in single cells."

"ECHR DECISION IS BINDING FOR TURKEY"

This penalty has been deemed contrary to human dignity by the European Court of Human Rights (ECHR). The ECHR emphasizes that life sentences without hope of release violate the prohibition of torture. In its 2014 Öcalan/Turkey decision, the ECHR stated that the application of aggravated life sentences without the possibility of conditional release constitutes inhuman treatment. Before the Öcalan decision, the ECHR also evaluated the right to hope in its July 9, 2013, Vinter and Others/United Kingdom decision, stating that life sentences should be reviewed at a maximum of 25 years and that the conditions for the release of prisoners should be evaluated. It is indisputable that the decisions made by the ECHR are binding for Turkey according to Article 90 of the Constitution.

Despite the ECHR's decisions, Turkey has not made any changes to its legislation.

"AGGRAVATED LIFE SENTENCE SHOULD BE RESTRUCTURED"

"The Council of Europe has initiated a monitoring process regarding Turkey. In line with the ECHR's decisions, Turkey needs to establish a review mechanism concerning aggravated life sentences. Organizations like the Lawyers for Freedom Association have applied to the Council of Europe for the implementation of these decisions. Turkey has accepted that the execution regime applied to Öcalan is an 'exception.' Aggravated life imprisonment means a life sentence without a time limit, and this situation creates negative psychological effects on prisoners. When the right to hope is not recognized, prisoners are pushed outside the law. The implementation of ECHR decisions is necessary for ensuring a humane execution regime. Therefore, it is essential to restructure aggravated life sentences and make changes in line with the perspective of release."