MAF-DAD calls on council of Europe  to Enforce “Right to Hope” for leader Ocalan

The letter stated that the absolute prohibitions under Turkish law are incompatible with the European Court of Human Rights (ECHR) rulings regarding the “Right to Hope,” a position that is legally established.

According to the ECHR case law, the conditions of the “Right to Hope” include: legal and proper consideration of the sentence, the possibility of release after a defined period, procedural guarantees during the review process, and detention conditions that enable reintegration into society.

Text of the Letter from MAF-DAD to PACE Members and the Committee of Ministers:

The abolition of the death penalty in Turkey and the introduction of aggravated life imprisonment prompted discussions on the “Right to Hope.” With the enactment of Law No. 4771 in 2002, the death penalty was replaced by aggravated life imprisonment, eliminating the possibility of parole, suspension, or pardon for convictions related to “terrorism.” Subsequent amendments to the Penal Code and the Enforcement Code permanently entrenched these absolute prohibitions, thereby replacing the death penalty with a more severe punishment: aggravated life imprisonment.

Since the early 2000s, the ECHR has recognized the “Right to Hope” under Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment. In Winter v. United Kingdom, the Court held that a review mechanism must be applied within a maximum of 25 years from the date of sentencing, noting that exceeding this period effectively nullifies the “Right to Hope.”

Turkey reached a critical situation after the commutation of Mr. Abdullah Ocalan’s death sentence to life imprisonment. In its 2014 judgment in Ocalan II v. Turkey, as well as in the Kaytan, Kurban, and Boltan cases, the ECHR ruled that aggravated life imprisonment does not guarantee the “Right to Hope” and constitutes a violation of Article 3. The Court clarified that the absolute prohibitions under Turkish law are inconsistent with “Right to Hope” standards.

According to ECHR jurisprudence, the “Right to Hope” requires:

-          The case to be legally and factually justified.

-          Recognition of the possibility of release after a specified period.

-          Implementation of procedural safeguards during the review process.

-          Detention conditions conducive to reintegration into society.

However, Turkey’s Anti-Terror Law No. 3713, Penal Code No. 5237, and Enforcement Code No. 5275 eliminate the “Right to Hope.” These statutes create structural problems that violate this right and restrict the possibility of release and rehabilitation.

Since 2015, the Committee of Ministers has been monitoring the implementation of leader Ocalan II, Kurban, and related cases, urging Turkey to make legal amendments, provide transparent data on life-sentenced prisoners, and establish mechanisms to ensure the “Right to Hope.” Yet Turkey’s plans lack concrete steps, and the Committee continues to address these cases in meetings, including those in November and December 2021, September 2024, and most recently September 2025.

The UN’s Committee Against Torture, in its monitoring reports from 2018–2023, recommended measures including the repeal of Article 25 of the Enforcement Code. Turkey, however, has refused to undertake structural changes.

Currently, the “Right to Hope” in Turkey is neither legally nor practically available to individuals serving aggravated life sentences. Both the ECHR and UN monitoring bodies have confirmed that this situation constitutes a violation of international human rights standards.

Recommendations for Immediate Action by the Committee of Ministers:

-Request detailed and transparent data from Turkey on aggravated life sentences.

-Repeal all provisions imposing absolute prohibitions on release.

- Conduct regular and repeated reviews of Ocalan II, Kaytan, Kurban, and Boltan cases.

-Take effective interim measures if tangible progress is not achieved.

Recent submissions by international legal organizations (TLSP, ELDH, MAF-DAD, and LLG) to the Committee of Ministers on 21 July 2025 addressed the Kurban case group under Articles 46 and 9.2 of the Convention.

Proposed Legal Reforms for Turkey:

- Implement comprehensive legal and institutional reforms to limit all forms of life imprisonment, in accordance with Article 3 of the European Convention on Human Rights.

- Establish an independent, judicially supervised review mechanism, insulated from political influence, applicable to all life-sentenced prisoners without discrimination.

- Conduct initial reviews at least every 25 years, followed by periodic public reporting and ongoing research.

- Ensure robust procedural safeguards: access to legal assistance, the right to be heard, access to documents, and the right to appeal decisions.

- Adjust prison systems to allow for personal development and social reintegration.

- Apply reforms universally, including to prisoners convicted of security-related offenses, and abolish absolute prohibitions on parole.

- Provide clear and comprehensive statistical data to the Committee of Ministers regarding life-sentenced prisoners, including those sentenced under security laws, and track their status over time.

- Monitor the implementation of Ocalan II, Kaytan, Kurban, and Boltan decisions regularly, and implement temporary measures within defined timelines if no progress occurs.

- Ensure reforms are transparent, accountable, and inclusive, with strong participation from independent experts, civil society, and bar associations.

The “Right to Hope” is not merely a personal matter but a collective responsibility to protect human dignity and constitutes a core principle of the European Convention on Human Rights. It is imperative that Turkey fulfills its obligations under both domestic law and international human rights standards.

Accordingly, MAF-DAD calls on PACE members to exercise the powers granted under Rule 61 of the Rules of Procedure, submit written questions to the Vice-President and Committee of Ministers, and pursue this matter seriously.

a.k

ANHA