Doc. 10744

14 November 2005

Judgment of the European Court of Human Rights in the case of Abdullah Öcalan

Motion for a resolution

presented by Lord Russell-Johnston and others

The final judgement of the European Court of Human Rights has found that a re-trial or a re-opening of Mr Abdullah Öcalan’s case is necessary in order to satisfy the principle of fair-trial (12th May 2005 judgement, paragraph 210).

Despite the findings of the European Court of Human Rights, in both the old Penal Adjudication Procedure Act No. 1412, Article 327 and reinstated in the new Penal Adjudication Act No. 5271, Article 311/2 enforced as of 1 June 2005 states that a re-trial is only possible for those “....cases where European Court of Human Rights has reached a judgement by 04.02.2003 and for those cases who have lodged an application to the European Court of Human Rights after 04.02.2003”. This excludes the possibility of a re-trial for Mr. Ocalan and also, incidentally, affects some 90 other people.

Although the European Court of Human Rights had found that the presence of a third person in lawyer-client consultations during the first trial was a violation of Article 6§3(c) (paragraph 133 of the judgement) Execution of Penalty and Security Measures Act No. 5275, Article 59/4 has been enforced on the 1 June 2005 such that a third person can be present in the client-lawyer meetings and documents exchanged may be confiscated for examination. This is a serious violation of defence rights and to date, has only been implemented on Mr. Ocalan.

We also have reservations about deterioration in his health as in accordance with the new regulations introduced as of 1 June 2005 minimum airing time is reduced to one hour (Execution of Penalty and Security Measures Act No. 5275, Article 25). Mr Ocalan is in his 13m2 cell for 23 hours of the day with 1 hour per day for fresh air in the 40m2 yard with no access to fresh air in his cell as the sole inmate in the Imrali prison. The Committee for the Prevention of Torture of the Council of Europe also drew attention that the area for and period of fresh air is insufficient and there are no possibilities for physical exercise in its two public reports. Mr. Ocalan’s complaints about his health have increased as a result of these conditions and the climate of the Imrali Island Prison. All the above mentioned conditions are in violation of the findings in paragraphs 179, 191 and 195 (European Court of Human Rights 12 May 2005 judgement).

The isolation conditions under which Mr Ocalan is kept have also worsened as his lawyers are unable to visit him for the past 18 weeks, and his family for the past 5 weeks are unable to see him.

All members of the Council of Europe undertake to abide by the rulings of the European Court of Human Rights and the Convention on Human Rights and Turkey must respect these in the case of Ocalan. And the Parliamentary Assembly should initiate a mechanism to monitor their response.

Signed (see overleaf)

Signed ¹:

RUSSELL-JOHNSTON, United Kingdom, ALDE

AUSTIN, John, United Kingdom, SOC

de ZULUETA, Tana, Italy, SOC

EINARSSON, Mats, Sweden, UEL

HARVEY, Nick, United Kingdom, ALDE

HEDEBOE, Poul Henrik, Denmark, UEL

JÓNSSON, Birkir Jón, Iceland, ALDE

LUND, Rune, Denmark, UEL

ØSTERGAARD, Morten, Denmark, ALDE

SEVERINSEN, Hanne, Denmark, ALDE

VIS, Rudi, United Kingdom, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      ALDE: Alliance of Liberals and Democrats for Europe

      EDG: European Democratic Group

      UEL: Group of the Unified European Left

      NR: not registered in a group