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 Ocalan’s 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 year’s 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 Turkey’s 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 EU’s expectations for membership.

(Translation by Susanne Kempe)