Kurdistan Informatie Centrum Nederland

KIC

Pressstatement of Mr. Öcalan's lawyers

We have not given up, we have suspended our defense task. We are being attacked and threatened in plain view of the public opinion, since the last week, ever since we applied to the State Security Courts (DGM) to defend Mr. Öcalan who is being held as a prisoner in the Imrali island.
Even though, the domestic and the international law recognize the sacredness of the right to legal defense and guarantee this right, [the regime in Turkey] has unleashed some organized and aggressive militants against us under the guise of "peoples' reaction." Twice in Mudanya (on February 23 and 25, 1999) and once in Istanbul (on February 26, 1999 when we held our press conference on Mr. Öcalan's situation) we were the target of attacks that threatened our lives.
The fact that we were attacked for the second time in Mudanya, just two days after the initial attack which prompted Prime Minister Ecevit to state that "the lives of [Öcalan's] lawyers were secured," is a clear indication of the influence that these invisible forces wield within this administration. Prime Minister Ecevit [was forced to] make a new statement because we demanded international help to protect ourselves in the face of the arrest of our colleague Osman Baydemir during the Press conference in Istanbul and because the police did not take any measures to protect us even though there was a clear threat of attacks against us following the conference. Prime Minister Ecevit accused us for putting on a show because we could not find anything to criticize about the conditions of Abdullah Öcalan in Imrali. The Prime Minister's statement concerning the situation of Abdullah Öcalan is in total contradiction with the reality. The accusation that "we found nothing to criticize" in the situation of Abdullah Öcalan who is being held in an interrogation chamber of the Special Warfare Department (Counter-guerrilla), totally insulated from the world and located on a deserted island, is unjust. According to the law, a detainee must be held in a prison under the jurisdiction of the Ministry of Justice. Clearly, the laws of our contrary are being violated.
How could the Prime Minister of a State which claims the supremacy of the rule of the law, make such a statement? How could he dismiss our demand for state protection in the face of the attacks on our right to provide legal counsel?
The trial of Abdullah Öcalan is going to be the trial of the Century. To deny or to obstruct the right to legal counsel in such a[n important] trial, will greatly distress the Turkish State. Therefore, especially the President and the Prime Minister should change the attitudes they have displayed so far and be helpful in removing the obstacles put on the path of the defense lawyers. They should provide protection for us and announce to the public that -at least from now on- attacks against the right to defense will not be permitted.

March 1st, 1999
On behalf of Abdullah Öcalan's Defense Lawyers
Esq. Ahmet Zeki Okcuoglu

REPORT

by Öcalan defence lawyer, Osman Baydemir

I have never thought that Abdullah Öcalan would, one day, be brought to Turkey and that I would act as his defence lawyer. Myself and 15 other lawyers made an application to the Chief Prosecutor s Office of the Ankara State Security Court through the Chief Prosecutors Office of the Istanbul State Security Court on 22 February 1999. The context of the application was to visit Abdullah Öcalan who is held in Imrali island, to find out about his health and to remind him of his rights under the domestic and international law. We have also, together with our application, handed in letters of request written by Öcalan s family to carry out these tasks.

We were made a public target as soon as we had responded to the requests of Öcalan family and made an official application to the relevant organs. I managed to contact Chief Prosecutor for Ankara State Security Court Mr Cevat Volkan at 21.00, on 22 February 1999 via telephone. Cevat Volkan told me that they had received our application, it was passed on to the relevant organs and that one of the lawyers could visit Abdullah Öcalan in Imrali tomorrow (23 February 1999). Even though I reminded him that under the [Turkish] law 3 lawyers could take part in a legal visit he told me, during our second telephone conversation, clearly that only Osman Baydemir among the lawyers appointed by Öcalan s family will be allowed and that the necessary permit was already sent to Mudanya contact bureau of the Crisis Desk.

We asked the permit to be faxed to us. However we were told by the Chief Prosecutor that was not necessary and if we go to Mudanya district in the morning of 23 February 1999 we would be met by the Mudanya contact bureau of the Crisis Desk and then we would be taken to Imrali.

On 23 February 1999 at around 12.00 noon we arrived in Mudanya. We were stopped at a check point by uniformed and plain cloth police officers at the entry point of Mudanya. Our IDs were checked and after informing some place via walkie-talkies we were allowed to enter the district. At the time of our arrival the district was quiet. We arrived at the government office building (Hukumet Konagi), where the head of the district (Kaymakam) and State Prosecution Office was situated, at 12.30pm. Even though we told the officials at the door that we were lawyers we were not allowed inside the building because we were Öcalan s lawyers. By that time both the journalists in the area and local people had found out about our presence in the district. We were surrounded by the crowd.

We were not allowed into the building for about an hour and thus left standing outside without any security. After we succeeded to enter the building we requested to meet the State Chief Prosecutor. We were told that he was busy. We wanted to meet the official head of the district (Kaymakam), but we were told that he was not in. When we persisted we eventually met the State s Chief Prosecutor for Mudanya district.

We told the Prosecutor that we had applied to the Chief Prosecution Office for the Ankara State Security Court, our request to visit Öcalan as his lawyers had been accepted/approved and that relevant bodies in Mudanya had already been informed by Ankara. However the Prosecutor told us that he had not receive any information regarding the matter, he did not know where the contact bureau for the Crisis Desk was and that he could not assist us. We then again contacted the Chief Prosecutor for Ankara State Security Court via telephone. The Chief Prosecutor told us that we had the permission for a visit, there was no problem and that not him but the Crisis Desk had the full authority.

Subsequently we left the building in search for the Crisis Desk. We asked one of the plain clothes police officers in a police car which was following us to help us to find the Crisis Desk. He did not reply to any of our questions. None of the police officers have spoken to us as if they had agreed to it in advance. I believe they were warned about this.

We, through our own efforts, managed to find the contact bureau for the prison, but officials in the bureau did not answer any of our questions. We wanted to get to the Mudanya Wharf which is the only access point from Mudanya to Imrali. However we were stopped by police cars just outside MHP (Nationalist Act Party) election campaign bureau. Soon afterwards we were attacked. This [attack] took place about two and half hours after our arrival in Mudanya. I have to add that the attack occurred as a result of the police provocation.

During the attack we told the [police] officers that we wanted to go to government building. There was no response. We told the police officers that we wanted to see the chief of district security and we received no response. There were no response even though we reminded them it was illegal not to respond to our requests.

We later found out from the members of the press that one of the female police officers whom we had approached and asked to meet with the chief of district security was herself in fact the chief of district security.

Realising that no one will assist us, we would not be able to get to Imrali and that our lives were in danger we left the district [of Mudanya]. We tried to contact the Chief Prosecution Offices of the Ankara State Security Court (SSC), the Justice Ministry and some other officials. When we contacted the Chief Prosecutor of the Ankara SSC he told us that he could not guarantee our security, he did not know where the Crisis Desk was, he did not know the relevant telephone and fax numbers or even the name of an official, and because of all this he could not help. We then sent a petition outlining our experience both to the Justice Ministry and Chief Prosecution Offices of the Ankara SSC. We have not yet received a reply.

We continued our efforts on 24 February 1999. At around 16.00 we again contacted the Chief Prosecutor for the Ankara SSC. The Prosecutor said that my permission to visit Öcalan was cancelled and that Ahmet Zeki Okcuoglu and Hatice Korkut could visit Öcalan. My question as to why my permission was cancelled was not and is still not answered. After consultation among each other we agreed that the permission must be sent to us in writing and informed the Prosecution Offices of the request. After receiving the written permission at around 21.00 o clock my colleagues Ahmet Zeki Okcuoglu, Hatice Korkut and Imam Sahin left for Mudanya. I watched the attack, which was even more violent than the previous one, against my colleagues on television.

Our colleagues who went to Mudanya informed me that they wanted to organise a press conference on 25 February 1999 to talk about what happened [during the visit]. On my way to the press conference at the Press Museum together with Ahmet Zeki Okcuoglu, I was surrounded by plain clothes police officers, who attempted to take me away. As the police tried to take me away we were subjected to an attack by some 70 fascists who were at the scene. During the attack I was hit on several parts of my body. I was put on a civil minibus and driven away from the Press Museum. I asked the police to take me back to the Museum but I was then told that I was actually taken into custody. My ID and mobile telephone were confiscated. I was not told any reason for being taken into custody. I was taken to the police headquarters at Vatan Street. My shoe laces, scarf, belt, pen, paper and everything else I had on me were taken away and I was put in a single cell. Eventhough I emphasised that I had a right to know the crime I supposedly had committed I was told nothing. Three hours later it was said to me verbally in the cell that I would be sent to Diyarbakir.

About five hours later I was taken out of the cell and taken to a room. A person who introduced himself as the chief [of the police] told me that Diyarbakir Police Headquarters had issued a warrant of arrest for me because of a press statement which I had made in Diyarbakir. I was told that the investigation would continue in Diyarbakir and thus I would be taken to Diyarbakir. At the same time this person was receiving constant calls on his mobile and he was giving information about my situation. Then Diyarbakir State Security Court was contacted and relevant papers regarding the investigation were faxed. It became evident that the investigation was concerning a press statement. Following this I said that regarding the press statement a statement would be given directly to a prosecutor and that the warrant of arrest was an unnecessary measure. I was told that I would be released if I gave a statement regarding the matter. I gave my statement and then was released at around 23.00 o clock.

In conclusion
* I have made the press statement on 17 February 1999
* I requested to visit Öcalan on 22 February 1999
* I together with my colleagues went to Imrali in order to visit Öcalan on 23 February 1999
* An warrant of arrest [against me] is issued on 24 February 1999
* I was attacked and subsequently taken into custody in front of the press Museum on 26 February 1999. The fact that the warrant of arrest was issued after I had received an application of Öcalan s family and accepted to act as Öcalan s defence lawyer, is not a coincidence. I believe my detention was aimed to intimidate other lawyers.

Obstacles facing a fair trial
1- The investigation is not being conducted by any legal mechanisms. The investigation is conducted by the so called Crisis Desk which is attached to General Secretariat of the Chief of Staff.

2- It is impossible to have any connection with Imrali, where Öcalan is held, other through Mudanya. It is almost impossible both for the family members and lawyers to make any contact with Abdullah Öcalan during his imprisonment [in Imrali].

3- Under the [Turkish] law Imrali island should be attached to the Justice Ministry and Prosecution Offices of the SSC. However at the moment the island is run under the control of the Crisis Desk which is attached to the Chief of Staff.

4- The duration of the interrogation must be 7 days. However Öcalan is still being interrogated and his life is in danger. He could be killed at any time and/or they could claim that he had committed suicide.

5- The lawyers lives are in danger. The lawyers are made targets. Under these circumstances it is impossible to talk about the right to defence.

6- The [Turkish] media, government, President all speak in a manner as if Öcalan was already convicted and views such as he would receive Capital Punishment and executed are being publicly expressed. All these create pressure mechanisms both on the court and public opinion.

URGENT APPEAL * Abdullah Öcalan must immediately be taken out of Imrali and be transferred to a prison where he can have access to his lawyers and be visited by his family. This demand must be met immediately. Otherwise it may be too late.

* Abdullah Öcalan must be examined at a hospital by an independent medical team.

* The two masked personnel who are attached to the Chief of Staff and were present during the legal visit to Öcalan must leave Imrali immediately. Öcalan must be allowed to establish contact with the outside world. His needs such as newspapers, books, radio, television, pen, paper etc must be provided immediately.

Osman Baydemir
defence lawyer of Abdullah Öcalan
01 March 1999