KIC |
After 15 lawyers' application to represent Mr Öcalan had been accepted by the State Security Court Prosecutor in Ankara, 4 of the 15, Osman Baydemir, the Deputy President of the Human Rights Association, Ahmet Zeki Okcuoglu, Hatice Korkut and Medeni Ayhan, went to Mudanya from Istanbul in order to visit Mr Öcalan. However, the four lawyers were told in Mudanya that it would not be possible for them to go to Imrali Island. As the lawyers continued to insist on meeting Mr Öcalan a small group of protestors attempted to cause trouble in front of the police. The de facto prevention of the meeting of the four lawyer with Mr Öcalan, despite the lack of any legal obstacle, demonstrates that the official state policy is to preclude contact.
Such a situation increases the likelihood of the PKK leader being subjected to physical and psychological torture, according to legal experts. They point out that while the Turkish authorities talk about a fair trial and transparency, the fact that the lawyers right to meet their client is being violated at the beginning of the process demonstrates the danger that the trial may be rushed through behind closed doors.
The PKK leader's lawyers draw attention to the fact that his detention on Imrali Island is in itself a factor that constitutes an obstruction to a fair trial. The lawyers add that for as long as Mr Öcalan is on Imrali Island there will be a constant process of detention and interrogation, not of formal arrest, and that this will be impossible to monitor.
Information received on 23 February indicated that the detention period has now ended and the period of formal arrest has begun. However, in practice legal rights and the legal assistance of lawyers has in effect been prevented. This is a significant indicator as to the conditions under which the trial will take place, said the lawyers.
22 February, 1999
We have taken on the task of defending Abdullah Öcalan, who was flown in from Kenya and who is being detained on Imrali Island. The family of Abdullah Öcalan contacted us by phone and asked us personally to take on this task. Today, we filed a request under Article 144 of the Turkish Trial Code with the State Security Court in Istanbul in order to visit Abdullah Öcalan, who is imprisoned on Imranli Island.We would like to inform the public in Turkey and internationally that we have accepted the request from Öcalan's family to take on his defense because we believe in his inalienable right to a defense and due to our convictions as lawyers.
A legal trial depends greatly on the manner and length of the interrogations as well as the possibilities for the defense to visit their client. Also, the type of court and its independence are important factors.
In order for a legal trial not to be made impossible from the start, it is urgent that our request be granted. Support from the Justice Ministry and other officials would be very helpful. The geographic location of the island prison and the heightened sensibilities at the moment must also be kept in mind.
Our discussions in the prison will be conducted in the spirit of the laws, including international law. We expect solidarity from our colleagues in national and international judicial institutions and bar associations.
Sincerely,
The lawyers for Abdullah Öcalan: Gul Altay; Ahmet Avsar; Medeni Ayhan; Osman Baydemir; Derya Bayir; Cihan Erbas; Dowan Erbas; Eren Keskin; Filiz Kostak; Hatice Korkut; M. Selim Okcuoglu; Ahmet Zeki Okcuoglu; Imam Sahin; Mukrime Tepe; Aysel Tugluk; Immihan Yasar.
P.S. It has since become known that one lawyer from the defense team was able to visit Abdullah Öcalan. Four other lawyers, who are presently in Mudanya (near the island), were threatened by members of the fascist gang the Grey Wolves. A request from the lawyers for police protection was ignored by the authorities. It must be taken into consideration that the lives of the defense team members are in danger. The international public opinion should pay close attention to this case.