Ankara / The New Anatolian

The Grand Chamber of the ECHR is to rule on the Ocalan case today. Turkey's govt fears possible riots in the case of a retrial decision

PM Recep Tayyip Erdogan says that speculating on the ECHR's decision is useless,

Land Forces Commander says that Turkey knows exactly what side the Turkish Army takes on the issue.

Today all of Turkey is on tenterhooks over the expected European Court of Human Rights (ECHR) ruling on complaints made by terrorist Kurdistan Workers' Party (PKK) leader Abdullah Ocalan.

A decision to retry Ocalan would be a milestone for Turkey.

An international news agency says that imprisoned Ocalan, the sole inmate on Turkey's Imrali island prison, may be granted a new trial if Europe's top human rights court rules today that he had been ill-treated and didn't receive a fair hearing.

The ECHR Grand Chamber will rule on complaints by Ocalan that the Turkish authorities breached international treaties by mistreating him on his transfer to the Imrali prison near Istanbul in 1999, discriminating against him, denying him the right to a fair and independent trial, and barring his legal representatives from contacting him after his detention.

The rulings of the European court, the continent's top human rights watchdog, are binding on all 46 members of the Council of Europe. Grand Chamber verdicts are final and cannot be appealed.

Political fodder

The Turkish government doesn't want this issue to be used as fodder in domestic political debates. Government officials have repeatedly said that the Apo case is a concern for all of Turkey, and not just the ruling Justice and Development (AK) Party.

The government fears that Ocalan supporters and other Kurdish groups will stage public marches if the court rules for a retrial. In such a case, it's very likely that ultranationalists will also take to the streets. This will likely lead to street riots, the government warns.

In light of this, the government must deal with the issue before the problem spreads to the streets. In other words, the issue should be solved without leaving any margin for social conflict.

History of the case

A lower chamber of the ECHR court ruled partially in Ocalan's favor in 2003, agreeing with him that his 1999 treason sentence came "at the outcome of an unfair trial" and amounted to inhumane treatment. Both Ocalan's lawyers and the Turkish government requested the case go to the Grand Chamber.

Turkish authorities hold Ocalan, who was arrested in Kenya in 1999, responsible for the lives of 37,000 people who died during the 15-year armed conflict between the PKK and security forces in the southeastern region of the country.

The PKK is considered a terrorist organization by Turkey, the U.S. State Department, and the EU.

The case has been problematic for the Turkish government, which wants to live up to European human rights standards.

Ocalan took his case to Strasbourg in 1999 after he was tried, convicted, and sentenced to death. The sentence was commuted to life in prison in 2002 when Turkey abolished capital punishment.

Although a ruling for a retrial is likely to outrage nationalists, the verdict will come just months before Turkey is expected to open accession talks with the European Union. Turkish leaders have already hinted that they would abide by its decision.


Source: The New Anatolian, 12 May 2005