Brutal practice is being implemented on leader ‘s Ocalan in Imrali

Imrali prison with code F is a solitary prison on Imrali Island, established in February 1999, for the leader Abdullah Ocalan, after its detainees were transferred to other prisons, where it is managed in a special setting and practice under the implementation system that is called the "Isolation System in Imrali."

During the first ten years, the leader was the only prisoner in island prison, and in November 2009, the Turkish authorities constructed new rooms (new cells) and five more prisoners were admitted; However, the leader remained in solitary confinement.

Leader Abdullah Ocalan says about Imrali Prison: "A prison famous for executing sentences issued against senior state officials in history. Its climate is very humid and dry, as it can physically destroy a person, and when isolation in a closed room is added to that, the effect on the body increases even more. It remained under the supervision of the Special Forces Command for a long time.

During this report, ANHA’s agency documented the most prominent violations committed against the leader Abdullah Ocalan since the beginning of his kidnapping until today.

Asylum

The illegal violations practiced against the leader Abdullah Ocalan began since the beginning of his departure from Syria and his failure to receive him by several countries, in a clear violation of the right to political asylum, which is relied upon in Article /18/ of the Charter of Fundamental Rights of the European Union on the "right to asylum", It guarantees respect for the Geneva Convention of 1915, in addition to respect for the Charter of Fundamental Rights.

As well as Article /14/ of the Universal Declaration of Human Rights, which states that every person has the right to seek and enjoy asylum in another country/countries, so that he will not be subjected to persecution in his country of origin.

The Turkish state also violates Article /26/ of Article Eight of its constitution regarding "freedom of expression and dissemination of thought" by completely preventing the leader Abdullah Ocalan from contacting the outside world, as this article affirms that "expressing ideas and opinions and publishing them verbally, in writing, pictures or through no other means is a right for all, individually and collectively.

This right includes freedom to receive and impart information and ideas, without interference from official authorities. The previous ruling does not preclude subjecting broadcasting through radio, television, cinema and other means to a licensing system.

life imprisonment

With regard to the death sentence imposed on the leader Abdullah Ocalan during the court held on June 29, 1999, and then converting it into a life sentence, it violates Articles /2/, /3/, /9/, /10/ and /14/ of European Human Rights Treaty.

These articles stipulate that “every person’s right to life is protected by law. No person may be deliberately executed, and no person may be subjected to torture or to degrading treatment or punishment. Every person has the right to freedom of thought, conscience and belief. Every person has the right to freedom of expression, it guarantees the acquisition of the rights and freedoms stipulated in this treaty without discrimination on any basis: such as gender, race, colour, language, creed, political or other opinion, national or social origin, belonging to a national minority, wealth, birth or any other status.”

Political brutality in Imrali

The lack of humane treatment and respect for the dignity of the commander in Imrali violates Article /3/ of the jurisprudence of the European Court of Human Rights, which states: "No person may be subjected to torture or to inhuman or degrading punishments or treatments."

Also, rule /1/ of the basic principles of the Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), which states that “all prisoners must be treated with due respect for their dignity and their inherent value as human beings, and no prisoner may be subjected to torture or cruel, inhuman or degrading treatment or punishment.”

Lack of medical care and treatment

This is contrary to the text of Article /3/ of the jurisprudence of the European Court of Human Rights, which states that "the state is obligated to protect the physical integrity of persons deprived of their liberty, in particular by providing them with the required medical care."

And also Rule /24/ of the text of health care services within the "Nelson Mandela Rules", which states that "the responsible state shall provide health care for prisoners, and prisoners should have access to the same level of health care available in society."

Right to request and complain

The leader, Abdullah Ocalan, is also deprived of the right to submit any request or complaint regarding his treatment, especially the practice of torture or other forms of cruel, inhuman or degrading treatment, which contradicts the text of Article /34/ of the jurisprudence of the European Court of Human Rights. Complaint before a court by any natural person, non-governmental organization or any group of persons who claims to be a victim of a violation by a High Contracting Party of the rights recognized in the Convention and its Protocols. The High Contracting Parties undertake not to impede by any measure the effective exercise of this right.”

Withholding of information

For about 27 months, the leader Abdullah Ocalan has been subjected to strict isolation, with the Turkish authorities concealing information about him, and this contradicts what was stated in the content of the International Convention for the Protection of All Persons from Enforced Disappearance - Article /1/, paragraph 1-2 of the first part, “It is not permissible subjecting anyone to enforced disappearance.”

In addition to depriving the leader Abdullah Ocalan of contact with the outside world, especially his family and lawyer, which contradicts the text of Principle 16/1 of the Standard Minimum Rules for the Treatment of Prisoners in the Universal Charter for Human Rights, which states that “every pretrial detainee or prisoner has the right to inform and The responsible authority shall notify the members of his family or any other persons of his choice.

The text of Rule No. 37 of the same rules also confirms that "the prisoner is allowed, under the necessary supervision, to contact his family and his friends of good reputation at regular intervals, both by correspondence and by receiving visits."

Including Rule /58/ of the Basic Principles of the Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), which stresses the need for prisoners to be allowed, under necessary supervision, to contact their families and friends at regular intervals; And rules /61/ and /63/, which stipulate that prisoners should continue to be informed regularly of the course of events of importance by reading newspapers and listening to radio programs, prisoners shall be given the opportunity, time and appropriate facilities to be visited by a lawyer of their choice or a legal aid provider with whom they speak and consult, without delay No eavesdropping, no censorship and complete confidentiality, on any legal matter in accordance with applicable domestic law. Such consultations may take place in sight, but not within earshot, of the prison staff.

Solitary confinement

In addition, the isolation against the leader Abdullah Ocalan violates Rule 45 of the "Mandela Rules", which affirms that "solitary confinement should not be used except in exceptional cases as a last resort and for the shortest possible period, subject to an independent review of the case."

The report of the European Committee for the Prevention of Torture, issued on May 5, 2020, also confirmed that the state of not receiving news (pp. 48 and 49) “is isolated from the outside world” is unacceptable and it is recommended to put an end to this situation.

This was confirmed by the Committee against Torture (CPT) in its report issued on May 5, 1999, about its delegation's visit to prisons one month after the kidnapping of leader Abdullah Ocalan, in which it affirmed that "Abdullah Ocalan should not be left alone in prison."

Disciplinary penalties

In addition to all this, the Turkish state imposes “disciplinary penalties” on the leader under false pretexts every three months. This is what is prevented by Principle 16/1 of the Standard Minimum Rules for the Treatment of Prisoners in the Universal Charter on Human Rights, which states that “every pretrial detainee or prisoner has the right to It is incumbent upon the responsible authority to notify the members of his family or any other persons of his choice.

The International Convention for the Protection of All Persons from Enforced Disappearance in Article /1/, paragraph 1-2 of the first part, also states that “no person shall be subjected to enforced disappearance.”

Including rule / 39 / of the "Mandela Rules", which states that a prisoner may never be punished twice for the same act and offense, and prison administrations must take into account the proportionality between the disciplinary penalty and the offense that requires the imposition of that penalty, and they must keep proper records for all disciplinary sanctions imposed.

All of this is a small part of the violations committed against the leader Abdullah Ocalan. Thus, we conclude from all these violations that all international laws have turned into an individual system that is applied to the leader in Imrali prison.

T/ Satt.

ANHA