Imprisonment Of Abdullah Öcalan
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Abdullah Öcalan Abdullah Öcalan ( ; ; born 4 April 1949), also known as Apo (short for Abdullah in Turkish and Kurdish for "uncle"), is a political prisoner and founding member of the militant Kurdistan Workers' Party (PKK). Öcalan was based in Syria from ...
has been imprisoned on İmralı Island in the
Sea of Marmara The Sea of Marmara,; grc, Προποντίς, Προποντίδα, Propontís, Propontída also known as the Marmara Sea, is an inland sea located entirely within the borders of Turkey. It connects the Black Sea to the Aegean Sea via the ...
since February 1999. He is serving a life sentence for violating article 125 of the Turkish Penal Code. Initially he was sentenced to death but the conviction was commuted to a life sentence in October 2002. Abdullah Öcalans imprisonment and the detention conditions are an issue that constantly causes constraints in the Turkish-Kurdish political sphere which has also an influence on the relations between Turkey and international organizations.


Background

Abdullah Öcalan is a founder of the
Kurdistan Workers' Party The Kurdistan Workers' Party or PKK is a Kurdish militant political organization and armed guerrilla movement, which historically operated throughout Kurdistan, but is now primarily based in the mountainous Kurdish-majority regions of south ...
(PKK), a militant group which initially aimed for an independent
Kurdistan Kurdistan ( ku, کوردستان ,Kurdistan ; lit. "land of the Kurds") or Greater Kurdistan is a roughly defined geo-cultural territory in Western Asia wherein the Kurds form a prominent majority population and the Kurdish culture, Kurdish la ...
but later adapted their demands towards cultural and political rights for the Kurds. He has led the PKK and its struggle from bases in
Lebanon Lebanon ( , ar, لُبْنَان, translit=lubnān, ), officially the Republic of Lebanon () or the Lebanese Republic, is a country in Western Asia. It is located between Syria to the north and east and Israel to the south, while Cyprus li ...
and
Syria Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...
until he was expelled from Syria in October 1998. Following he toured through several countries in Europe and Africa which all refused to either detain and try him or grant him asylum.


Capture

Abdullah Öcalan was eventually captured in
Nairobi Nairobi ( ) is the capital and largest city of Kenya. The name is derived from the Maasai phrase ''Enkare Nairobi'', which translates to "place of cool waters", a reference to the Nairobi River which flows through the city. The city proper ha ...
, Kenya by an operative of the Turkish Secret Service in February 1999 and brought to the prison facility on Imrali island. Despite his imprisonment since more than 20 years, Öcalan is still respected and seen as the leader of the PKK by several political actors within Turkey and representatives of the Kurdish diaspora. His calls to lay down arms, to turn themselves in and to hold peace negotiations were often followed by members of the PKK. In the past
peace negotiations A peace treaty is an agreement between two or more hostile parties, usually countries or governments, which formally ends a state of war between the parties. It is different from an armistice, which is an agreement to stop hostilities; a surre ...
were also facilitated by the Turkish authorities.


Detention conditions

Since his capture in February 1999, he has spent several years in solitary confinement on Imralı Island. In November 2009 five other prisoners were brought on the island, on which a new detention facility was built. The new prison was built after the Council of Europe's
Committee for the Prevention of Torture The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment or shortly Committee for the Prevention of Torture (CPT) is the anti-torture committee of the Council of Europe. Founded to enforce the Europ ...
(CPT) visited the island and objected to the conditions in which he was being held. Öcalan would be allowed to engage with the other prisoners for ten hours a week was announced by Turkish authorities. In 2014 the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
(ECHR) ruled in that there was a violation of article 3 in regards of him being to only prisoner on İmralı Island until 17 November 2009.


Detention facility

In 2010 the CPT has visited Imrali prison and noticed that Öcalan had gained reasonable enhancements in his treatment. He is situated in a cell of about 10m2 with access to a sanitary compound of about 2m2. In the cell there is enough place for a table, chairs, a bed and also a sink. Besides he has access to an outdoor facility of 24m2. The cell lacks of a direct natural light source, which is caused by the 7 meter high wall which surrounds also the outdoor facility. In addition the right to listen to the radio and read newspapers, which he was granted before, he was also provided with a television in January 2013.


Interactions between inmates

Having been the only inmate until November 2009, today he can choose between taking part in physical activities like table tennis, volley ball, and basketball, which he can play each for one hour per week. Besides he is also allowed to play chess for one hour per week. On Imrali, inmates can meet once a week for a so-called "conversation hour".


Visitation rights

From 27 July 2011 until 2 May 2019 his lawyers were not allowed to meet Abdullah Öcalan. From July 2011 until December 2017 his lawyers filed more than 700 appeals for visits, but all were rejected. Öcalan was banned from receiving visits almost two years from 6 October 2014 until 11 September 2016, when his brother Mehmet Öcalan visited him for
Eid al-Adha Eid al-Adha () is the second and the larger of the two main holidays celebrated in Islam (the other being Eid al-Fitr). It honours the willingness of Ibrahim (Abraham) to sacrifice his son Ismail (Ishmael) as an act of obedience to Allah's co ...
. On 6 September 2018 visits from lawyers were banned for six months due to former punishments he received in the years 2005–2009, the fact that the lawyers made their conversations with Ocalan public, and the impression that Öcalan was leading the PKK through communications with his lawyers. He was again banned from receiving visits until 12 January 2019 when his brother was permitted to visit him a second time. His brother said his health was good. The ban on the visitation of his lawyers was lifted in April 2019, and Öcalan saw his lawyers on 2 May 2019.


Political influences

In 2011, almost a hundred Kurdish mayors were charged with terror propaganda for demanding better detention conditions for Öcalan. Politicians of the pro-Kurdish Peoples Democratic Party (HDP) brought the issue of the solitary confinement several to the
Turkish parliament The Grand National Assembly of Turkey ( tr, ), usually referred to simply as the TBMM or Parliament ( tr, or ''Parlamento''), is the unicameral Turkish legislature. It is the sole body given the legislative prerogatives by the Turkish Consti ...
and demanded Öcalan to be allowed to communicate with his relatives and lawyers. During the peace process between the PKK and Turkey Öcalan received visits by politicians of the
Peace and Democracy Party The Peace and Democracy Party ( tr, Barış ve Demokrasi Partisi, ku, Partiya Aştî û Demokrasiyê, BDP) was a Kurdish political party in Turkey existing from 2008 to 2014. Development BDP succeeded the Democratic Society Party (DTP) in 20 ...
(BDP), between January 2013 and March 2013. In support of the peace process, the PKK released six Turkish soldiers and two state employees on orders of Öcalan in March 2013.


Popular campaigns caused by the imprisonment

After Öcalan's capture, rallies before embassies in several countries were organized. As security guards opened fire at intruders of the Israeli consulate in
Berlin Berlin ( , ) is the capital and largest city of Germany by both area and population. Its 3.7 million inhabitants make it the European Union's most populous city, according to population within city limits. One of Germany's sixteen constitue ...
, two persons have died. And of seventy-four people which self-immolated themselves in protest of the capture, sixteen have died. There have been held regular demonstrations by the Kurdish community to raise awareness of the isolation of Öcalan. Since at least 2015, rallies demanding the liberation of Abdullah Öcalan are held each February in
Strasbourg Strasbourg (, , ; german: Straßburg ; gsw, label=Bas Rhin Alsatian, Strossburi , gsw, label=Haut Rhin Alsatian, Strossburig ) is the prefecture and largest city of the Grand Est region of eastern France and the official seat of the Eu ...
, the seat of the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
(ECHR).


Hungerstrikes

Over 140 Kurdish associations organized hunger strikes in protest of the capture of Öcalan. In later years hunger strikes which demanded an end to the solitary confinement of Abdullah Öcalan. In September 2012 some prisoners began a hunger-strike which with time involved thousands of prisoners but also politicians of pro Kurdish parties. In November 2012 about 10'000 Kurdish prisoners joined the hunger strike for better detention conditions for Öcalan and the right to use the Kurdish language in trial and the start of
peace negotiations A peace treaty is an agreement between two or more hostile parties, usually countries or governments, which formally ends a state of war between the parties. It is different from an armistice, which is an agreement to stop hostilities; a surre ...
between Turkey and the
Kurdistan Workers' Party The Kurdistan Workers' Party or PKK is a Kurdish militant political organization and armed guerrilla movement, which historically operated throughout Kurdistan, but is now primarily based in the mountainous Kurdish-majority regions of south ...
(PKK). It lasted for sixty-eight days until Öcalan demanded its end. Several politicians of the HDP have taken part in hunger strikes demanding an enhancement of the detention conditions. The former HDP MPs
Leyla Güven Leyla Güven (born 6 May 1964, Cihanbeyli, Konya Province, Konya, Turkey) is Peoples' Democratic Party (Turkey), HDP MP for Hakkari (electoral district), Hakkari, co-chair of the Democratic Society Congress (DTK) and former mayor of the municipali ...
,
Sebahat Tuncel Sebahat Tuncel (born 5 July 1975) is a Turkish politician of Kurdish origin, women's rights advocate, former nurse and member of the Parliament in Turkey. She was elected a member of parliament while being in prison. Early life and education ...
and Selma Irmak have also participated in a hunger strike. Leyla Güven ended her hunger strike in May 2019 only after Öcalan was able to receive a visit by his lawyers and called for an end of the hunger strikes.{{Cite web, date=26 May 2019, title=Leyla Güven: I End My Hunger Strike, url=https://bianet.org/english/human-rights/208860-leyla-guven-i-end-my-hunger-strike, url-status=live, website=
Bianet Bianet (acronym for tr, Bağımsız İletişim Ağı, lit="Independent Communication Network") is a Turkish press agency based in Beyoğlu, Istanbul. Its focus is on human rights and it is mainly funded by a Swedish organization. It was establish ...


References

Human rights in Turkey Kurdistan Workers' Party Öcalan family Human rights in Kurdistan