Right to Hope for prisoners: Ongoing efforts and Turkish responses

Legal proposals have also been presented to the Turkish Parliament on this issue, and both the ECHR and the Committee of Ministers have issued several related decisions. However, Turkey has yet to comply with any of them.

The “Right to Hope” has become one of the most prominent issues since the historic Call for Peace and Democratic Society made by leader Abdullah Ocalan on February 27. Lawyers representing leader Ocalan, along with political parties and democratic organizations, have repeatedly raised this issue. Despite warnings from the European Court of Human Rights, Turkey has failed to take any steps toward compliance.

In a rare move, Devlet Bahçeli, leader of Turkey’s Nationalist Movement Party (MHP), also referred to the “Right to Hope” for the first time from within the state establishment, stating that if no necessary measures were taken, “the door to the right to hope will be opened wide.” Nevertheless, no concrete actions have been taken so far.

On the occasion of the completion of the process launched on October 1, 2024, and the anniversary of the international conspiracy against leader Abdullah Ocalan, this report examines the question of the Right to Hope — its meaning, place in international and Turkish law, conditions for implementation, and the legal consequences of non-compliance. It also explores what has been done so far regarding leader Ocalan’s case and what outcomes have been achieved.

What Is the “Right to Hope”?

The Right to Hope is a legal guarantee granted to prisoners sentenced to life imprisonment. Under this right, such prisoners may, after completing 25 years of their sentence, apply to a court for review. The court then evaluates whether to release the prisoner or to continue the imprisonment.

This principle ensures that prisoners are not left without any prospect of release and can expect to be freed when the appropriate conditions are met.

The Grand Chamber of the European Court of Human Rights first recognized the Right to Hope on 9 July 2013 in the landmark British case Vinter and Others v. the United Kingdom. Following this ruling, 32 countries — including Belgium, Poland, Finland, France, South Africa, the United Kingdom, Germany, Italy, Spain, Portugal, Norway, Sweden, the United States (depending on the state), and Turkey — officially acknowledged the Right to Hope.

According to the ECHR ruling, when a prisoner from a member state that has ratified this decision applies for the Right to Hope, the national courts of that state must evaluate the request.

After serving 25 years in prison, a life-sentenced prisoner may apply to domestic courts for this right. If denied, they can then appeal to the European Court of Human Rights, which reviews the case and recommends implementation.

If the state fails to comply with the ECHR’s recommendation, the prisoner or their legal representatives may submit a petition to the Council of Europe.

What Happens When States Fail to Implement This Right?

The Right to Hope falls under Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment. Therefore, states that have ratified this right are legally bound to implement it.

The Committee of Ministers of the Council of Europe monitors compliance and may initiate follow-up procedures.

In cases of violation, the European Court of Human Rights may re-examine the matter, issue new rulings, and impose both material and moral compensation.

Council of Europe Oversight and Enforcement Powers

The Committee of Ministers of the Council of Europe can review member states, issue new decisions, and impose both material and moral remedies. It can order changes to national laws and criticize states that fail to implement decisions during Council meetings, which may undermine the state’s credibility. In cases of serious violations, the Committee may even expel a state from the Council under Article 8 of the Council of Europe statute.

Prisoners and human rights organizations can also appeal to the European Court of Human Rights (ECHR) and file lawsuits against states under Article 34 of the European Convention on Human Rights, exerting both legal and political pressure.

Implementation Timeline

No specific timeframe is set for states to implement the Right to Hope. The ECHR determines the appropriate timing for implementation, while the Council of Europe may recommend a reasonable period.

Death Penalty Abolition and the Right to Hope

Turkey officially abolished the death penalty on 3 August 2002 as part of legal reforms to harmonize its laws with the European Union (Law No. 4771). The Turkish Parliament formally removed capital punishment from the Constitution in 2004 and also converted leader Abdullah Ocalan’s death sentence into life imprisonment without parole. However, a temporary provision in the Turkish Penal Code (Article 2) excludes individuals convicted of terrorism from benefiting from parole, even if their sentences were converted from death to life imprisonment.

Prisoners Eligible for the Right to Hope

After the abolition of the death penalty, the Equality and Democracy Party of the Peoples submitted a 2024 proposal to the Turkish Parliament to allow life-sentenced prisoners to benefit from the Right to Hope after 25 years, with certain legal amendments enabling conditional release.

According to the Ministry of Justice’s 2024 data submitted to the European Committee for the Prevention of Torture (CPT), 1,453 prisoners in Turkey and Northern Kurdistan had their death sentences converted to life imprisonment. More broadly, over 4,000 prisoners sentenced to aggravated life imprisonment may eventually benefit from the Right to Hope.

Legal Efforts and Court Decisions

After the legal amendments, the Asr Legal Office, representing leader Abdullah Ocalan, submitted a request to the ECHR on 1 August 2003 for a retrial. On 18 March 2014, the Court ruled that Turkey had violated leader Ocalan’s right to a fair defense and ordered a retrial.

Leader Ocalan’s lawyers repeatedly approached the Council of Europe’s Committee of Ministers on: 6 June 2016, 12 October 2017, 2 February 2018, 28 January 2019, 9 August 2022, 26 January 2023

Similar cases include:Amin Gurban, arrested in Mersin in 1996, sentenced to death in 2001, converted to life imprisonment; the ECHR ruled in December 2015 that his rights had been violated.

Cowan Boltan, arrested in Amed in 2012 and sentenced to aggravated life imprisonment; ECHR ruled in February 2019 for retrial.

Hayati Kaytan, arrested in Syria in 2003 and sentenced to life in 2005; ECHR ruled in favor of retrial.

Despite these ECHR rulings, Turkey has not taken any concrete action. Lawyers have repeatedly submitted the cases to the Council of Europe’s Committee of Ministers under the “Gurban group”, which issued warnings but Turkey remains non-compliant.

Council of Ministers’ Decision and Turkey’s Responses

Lawyers’ and human rights organizations, including the Lawyers for Freedom Association (ÖHD), Human Rights Association (IHD), Societal and Legal Studies Center (TOHAV), Human Rights Foundation of Turkey (TİHV), Contemporary Lawyers Association (ÇHD), Civil Society in the Penal System (CISST), bar associations in Amed, Wan, Gölmük, Reha, and Şırnak, the International Association for Democracy and Human Rights (DAD-MAF), the Human Rights Support Project in Turkey (TLSP), the London Law Group, and the European Association of Lawyers for Democracy and Human Rights (ELDH) submitted requests to the Committee of Ministers of the Council of Europe to implement the Right to Hope in Turkey.

The Committee of Ministers considered the requests of the lawyers and institutions and placed the issue of the Right to Hope on its agenda in 2015. After evaluation, the Committee concluded that Turkey needed to enact legal amendments to realize the Right to Hope and decided to monitor the legislative process. The Committee requested that Turkey take the necessary amendments and steps by September 2022; however, Turkey did not take any action.

In its response to the Committee of Ministers, Turkey stated: "Conditional release for life-sentenced prisoners is possible, but some exceptional crimes are not included within the scope of this right."

In response, the Committee of Ministers placed the European Court of Human Rights (ECHR) decision regarding the Right to Hope (retrial cases) on its agenda between 17–19 September 2024, and requested that Turkey take action regarding the Gurban group, which also includes leader Abdullah Ocalan’s case.

Turkey did not take any measures or respond. The Committee reviewed the matter again at its meeting between 15–17 September 2025, granting Turkey a deadline until June 2026 to implement the Right to Hope.

The Committee also noted that the Parliamentary Committee for National Solidarity, Brotherhood, and Democracy, established in the Turkish Parliament following leader Abdullah Ocalan’s call, could play a role in this matter. However, the issue has not yet been added to the committee’s agenda in the Turkish Parliament.

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ANHA