NEWS CENTRE – TJA activist Sebahat Tuncel reacted to the CoM's decision to grant Turkey an extension regarding the “Right to Hope”, stating, “Mr Öcalan’s Right to Hope has also been violated by the Council of Europe’s Committee of Ministers.” 

 

The Council of Europe Committee of Ministers (CoM) announced its interim decision on the ‘Gurban Group’ case, which includes the ‘Right to Hope’ of Kurdish leader Abdullah Öcalan, Emin Gurban, Civan Boltan and Hayati Kaytan. The decision granted Turkey an extension until the end of June. 

 

TJA activist Sebahat Tuncel commented on the decision taken by the CoM. 

 

Committee of Ministers decision

 

Sebahat Tuncel stated that they are aware of the fact that in the capitalist modern system, the law is instrumentalised and that states make decisions in the interests of men and capital. "Human rights defenders are aware of this fact and have therefore fought for the establishment of standards that will guarantee justice, equality and freedom for all. Although significant progress has been made in this regard, the fact that the law remains a useful tool for political powers and states has not been overcome. The decision taken by the Committee of Ministers on the right to hope has once again demonstrated this reality very clearly."

 

Call for the CoM to fulfil its duty

 

‘The interim decision taken by the CoM is political, not legal,’ said Sebahat Tuncel, adding: "The Committee of Ministers, instead of ensuring that Turkey takes the necessary legal steps to implement the decision, has delayed the process by using the commission established in Parliament as an excuse, while Turkey continues to resist making the necessary legal arrangements to protect human rights and fundamental freedoms. It has expressed regret that the necessary legal or other appropriate measures have not been taken to bring Turkish law into line with the provisions of the convention referred to in these decisions. However, the court's duty is to monitor whether its decision is being implemented and, if not, to take the necessary measures. Expressing regret is not among the court's duties." 

 

‘The decision is unacceptable’

 

Stating that the CoM had shifted its own responsibility to the ‘National Solidarity, Brotherhood and Democracy Commission’ established in Parliament, Sebahat Tuncel recalled the CoM’s decision to ‘make legal amendments providing for the review of life sentences within the framework of the Human Rights Action Plan’. Sebahat Tuncel said, "This encourages countries that fulfil their obligations under the convention to draw inspiration from this. However, the Council of Ministers should not be “encouraging inspiration”. It must monitor the implementation of the decision. Clearly, the Council of Ministers has encouraged the non-implementation of the Human Rights Court's decision, rather than operating the necessary monitoring mechanism, thereby accepting the consequence of the decision not being legally implemented. This is unacceptable.”

 

‘The decision supports the lack of a solution, not a solution’

 

Referring to Abdullah Öcalan’s role in the democratic and peaceful resolution of the Kurdish issue, Sebahat Tuncel concluded by saying, “Mr Öcalan, who has made great efforts and sacrifices, has also had his right to hope violated by the Council of Europe’s Committee of Ministers. This decision does not support the peace process in Turkey; on the contrary, it supports Turkey's policy of impasse."