26 years of systematic oppression against leader Ocalan in Imrali Prison

Attorney Raziye Öztürk from the Asr Law Office has shared an overview of 26 years of restrictions and obstacles imposed on leader Abdullah Ocalan under the regime of torture and extermination in Imrali.

26 years of systematic oppression against leader Ocalan in Imrali Prison
14 February, 2025   05:20
NEWS DESK

 The international conspiracy against leader Ocalan, which began on October 9, 1998, with his departure from Syria and culminated in his handover to Turkey on February 15, 1999, remains ongoing. Since then, within the framework of the "Regime of torture and extermination" in Imrali Prison, the leader has been systematically deprived of fundamental rights, including access to his lawyers, family, and legal representatives.

 These restrictions persisted even as the leader worked on his defense writings, The Manifesto of Democratic Civilization. In the introduction to the third volume, The Sociology of Freedom, he notes that he was deprived to get pen and paper—practices he describes as inhumane.

 Throughout the years, various forms of mistreatment have been documented, including a poisoning attempt in 2007, physical torture and forced head-shaving in 2008, and confinement in a six-square-meter cell at the end of 2009. The most pervasive violation, however, has been the ongoing prohibition of meetings with his family and legal counsel. As the Turkish state could no longer justify these restrictions under the İmralı system of torture, it resorted to labeling them as "disciplinary sanctions."

 Attorney Raziye Öztürk, who represents the leader, has detailed the arbitrary bans imposed on him over the past 26 years under the Imrali system.

 “ Special System Established in Imrali”

 Describing the structure of the Imralı system, Öztürk explained: "Mr. Abdullah Ocalan has been held under severe isolation conditions in the prison on the Sea of Marmara for 26 years—since his abduction from Kenya on February 15, 1999, in violation of international law."

 Imrali Prison was specifically designed for political and administrative purposes. Throughout the 26 years of leader's imprisonment, all his legal, constitutional, and international rights have been systematically denied. A special system has been implemented in Imrali under exceptional conditions, where neither domestic nor international law has ever been applied.

Raziye Öztürk highlighted that for 44 months, no information has been received from mralı, stating: "During the 26-year family visits, lawyer meetings, and trustee appointments have been unprecedentedly restricted. Legal defense has been denied, and the rule of law has not been applied to the island, leading to an unpredictable and arbitrary system. Imrali is subjected to legal irregularities that lack both transparency and a legal basis. Since leader's last phone call with his family on March 25, 2021, and up until the family visit on October 23, 2024, there has been complete isolation, with no communication or updates for 44 months."

 Pattern of Isolation: Only 5 Out of 1,531 Requests Approved

 The turning point in leader's isolation came on July 27, 2011, marking the beginning of a more severe phase. Lawyer Raziye Öztürk provided statistics on this period, stating:

 "Before July 27, 2011, in the first 12 years of imprisonment, leader's right to a one-hour lawyer meeting per week was already heavily restricted. Many visits were arbitrarily denied under pretexts such as bad weather conditions. Since July 27, 2011, a total of 1,531 lawyer visit requests have been submitted, yet only five visits were granted between May and August 2019. The last of these meetings took place on August 7, 2019. Since that date, no further lawyer visits have been allowed."

 169 Requests Denied in 2024 Alone

 The data shared by Öztürk further illustrates the ongoing policy of absolute isolation in Imrali. Between 2014 and 2024, a total of 578 requests were submitted, resulting in just six family visits for the leader. The last in-person meeting took place on October 23, 2024, when the leader met his nephew, Omer Ocalan, the deputy from the Peoples' Equality and Democracy Party (DEM Party).

 In 2024 alone, 110 lawyer visit requests were submitted to the Bursa Chief Public Prosecutor's Office and the Imrali Prison Directorate, alongside 59 requests from leader’s family and trustee. However, all 169 requests were rejected.

 Following the failed coup attempt on July 15, 2016, the Turkish government under the Justice and Development Party (AKP) declared a state of emergency, using it as a pretext to further restrict leader Ocalan’s rights.

 Öztürk detailed how these emergency decrees solidified leader’s isolation: "Between 2011 and 2016, lawyer visits were denied under arbitrary pretexts such as ‘technical issues with the ferry’ or ‘bad weather conditions.’ From 2016 to 2018, the ban on lawyer visits was enforced under an official decree by the Bursa Execution Court as part of the state of emergency. Since September 2018, this legal ban has continued through successive six-month court rulings, with at least 12 formal ‘Lawyer Visit Prohibition Orders’ issued against the detainees in Imrali. The most recent of these prohibitions was issued on November 8, 2024, and remains in effect."

 Ongoing Violation of Legal Rights

 The situation in Imrali reflects a systematic policy of isolation, raising serious concerns about human rights violations and legal irregularities. The denial of legal representation, family contact, and communication rights continues without transparent legal justification, further deepening concerns over the rule of law and due process in Turkey.

Continued Sanctions Despite Their Expiry

 The prohibition of meetings that were arbitrarily restricted between 2011 and 2016, and later due to the state of emergency from 2016 to 2018, has unlawfully persisted through a decision by the Execution Court in Bursa. Moreover, our clients have been continuously denied visits with their families and legal guardians under the pretext of "disciplinary penalties" since September 2018 and throughout 2024. The Imrali Prison Directorate has systematically imposed no fewer than 23 disciplinary sanctions on our clients, issuing them every three months from September 2018 until the end of 2024. The most recent of these penalties was imposed on October 16, 2024, and remains in effect despite the passing of three months.

 No Response from the Constitutional Court Since 2012

 Lawyer Raziye Öztürk stated that numerous legal measures have been pursued in Turkey against these prohibitions. Applications were first submitted to the execution courts, then to the higher criminal courts, and ultimately to the Constitutional Court. She provided the following details: "Our clients detained on Imrali Island have submitted approximately 70 applications to the Constitutional Court since 2012, invoking their constitutionally and internationally protected rights—including the prohibition of torture, the right to a fair trial, the right to liberty and security, the right to private and family life, freedom of communication, the right to healthcare, the principle of legality in criminal law, and the prohibition of discrimination and arbitrary restrictions on rights. Yet, despite the passage of many years, these applications remain pending without any ruling."

 Applications to ECHR and the EU Yield the Same Results

 Öztürk noted that applications submitted to the Turkish Constitutional Court have also been forwarded to international legal bodies, including the European Court of Human Rights (ECHR), the UN Human Rights Committee, and other related commissions. She stated: "Our appeals to the ECHR remain unresolved. The case concerning isolation, which we submitted in 2011, is still pending before the court. Despite the completion of all necessary procedures, no decision has been made in 14 years."

 Turkey Fails to Implement UN Rulings

 Discussing the events following the last phone call with the  leader in 2021, Öztürk said: "As you know, since the last phone call on March 25, 2021, there has been no information about Mr. Ocalan whatsoever. In response, we submitted a petition to the UN Human Rights Committee. The committee issued an urgent appeal for all our clients detained in Imrali, stating: 'They must be granted immediate access to their lawyers without restrictions.' However, the Turkish government ignored the appeal. The committee reiterated its demand in January 2023, yet despite the ruling remaining in effect throughout 2024, the Turkish government has failed to comply with its requirements."

 CPT Visits to Imrali and the Unpublished Report

 The European Committee for the Prevention of Torture (CPT) is frequently mentioned in discussions about lifting the isolation of the leader. Commenting on this, lawyer Raziye Öztürk stated: "The CPT has conducted nine separate visits to Imrali Prison at different times, publishing reports on eight of them. Its first visit took place just two weeks after Mr. Ocalan was transferred to the island, while its most recent visit occurred on September 22, 2022. The committee announced that it had completed its report on this visit and submitted it to the Turkish government on March 20, 2023. However, it remains unclear whether Turkey has responded to this report, as the CPT has made no public statements regarding the matter and has not released the report. In February 2024, the committee announced that it had visited Turkey for a special mission, inspecting various prisons, but notably did not visit Imrali. From the committee's statement, it is evident that 'our clients' communication with the outside world'—particularly in the form of 'meetings with Turkish government officials'—is extremely limited."

 Turn Imrali into an Island of Peace

Öztürk described the system of isolation and repression in Imrali as a "blatant violation of human rights and the rule of law." She continued: "It is evident that Imrali represents an unprecedented model in a profoundly negative sense. Therefore, the system of enforced isolation must be dismantled immediately. At the same time, Mr. Ocalan’s unwavering resistance and stance over the past 26 years demonstrate a remarkable exception in a positive sense. Despite the severe conditions of isolation, Mr. Ocalan has shown relentless perseverance and has never abandoned his vision of transforming Imrali into an island of peace—not even for a moment. His latest messages have reaffirmed this truth once again."

 "Physical Freedom is Non-Negotiable; It is a Legal Necessity"

 Öztürk emphasized that the time has come for the leader’s physical freedom, concluding: "As you know, the European Court of Human Rights (ECHR) has issued a ruling regarding Mr. Ocalan, which mandates that his physical freedom must be ensured. This is not a matter of negotiation—it is a legal requirement. The legal and political conditions necessary for securing his freedom are already in place. Mr. Ocalan is the only political figure with both the theoretical and practical capacity to transition from war and violence to a legal and political framework. He is the architect of equality among peoples and a dignified life within a democratic and peaceful environment. Therefore, all our efforts must be directed toward securing Mr. Ocalan’s physical freedom so that he can fulfill his role. As I mentioned earlier, the legal and political conditions are already set."

a.k

ANHA