PKK leader Öcalan's release from prison requires special pardon by Erdoğan

Ferhat Yaşar / Gazete Duvar

Lawyers on Oct. 22 shed light on the legal processes necessary in light of Turkey’s Nationalist Movement Party (MHP) leader Devlet Bahçeli’s remarks about PKK leader Abdullah Öcalan’s release in a discussion with Gazete Duvar. 

The statement by Bahçeli regarding the outlawed Kurdistan Workers’ Party (PKK) leader Abdullah Öcalan caused a great stir in parliament and the public. Bahçeli had said that if Öcalan declared terrorism has ended and dissolved the PKK, “the path should be opened wide for a legal regulation on the use of the right to hope."

Gazete Duvar spoke to two lawyers to clarify questions about the “right to hope” and the legality of Öcalan’s potential release. 

Lawyer Bahri Belen stated that President Recep Tayyip Erdoğan would need to use his power of special pardon for Öcalan to be released from prison. "Otherwise, it is impossible for Abdullah Öcalan to speak in the parliament," said Belen, as Öcalan was serving an aggravated life sentence.

“If a broader amnesty is issued, it would apply to all political prisoners. Will it be a general amnesty or one specifically for Öcalan? In a society this tense and polarized, only criminal offenders benefit from amnesties. Political prisoners should also benefit from amnesty and sentence reductions. Only then can we speak of the rule of law," the lawyer added. 

Eda Önal, co-chair of the Istanbul branch of the Association of Lawyers for Freedom, made a statement calling for the end of the isolation imposed upon the prisoner on İmrali Island. 

"It is evident that the conditions at İmralı represent serious human rights violations and are in breach of national and international law. As lawyers advocating for freedom, we believe that concrete steps must be taken to immediately end the illegal isolation imposed on Mr. Öcalan, Hamili Yıldırım, Ömer Hayri Konar, and Veysi Aktaş, and to ensure their rights to family and lawyer visits."

Öcalan has been kept in isolation for 25 years in F Type High-Security Prison on İmralı Island in Bursa, serving an aggravated life sentence. The jailed PKK leader last had a brief phone call with his brother on March 25, 2021. Since the interrupted phone call, no information has been received from Öcalan as well as other prisoners on the island, Hamili Yıldırım, Veysi Aktaş, and Ömer Hayri Konar due to a contact ban.

The European Committee for the Prevention of Torture (CPT) in 2020 deemed the isolation of Öcalan "unacceptable," finding the "official justification" for preventing family visits to be deceptive.

(English version by Ayşenaz Toptaş) 

Bahçeli invites PKK leader Öcalan to parliament to ‘end terrorism,’ hints at his potential release from prisonPolitics

CHP leader Özel visits Demirtaş in prison, reiterates his importance for peace talksPolitics

Bahçeli calls on jailed PKK leader Öcalan to 'end terrorism,’ DEM Party demands end of latter’s contact banPolitics