‘Ocalan Law’ becomes a Boomerang or Nothing New from Turkey
Kurdish Info, Germany
April 21 2005
Turkey has got a problem. Again. Before the decision of the European
Court of Human Rights (ECHR) in the appeal hearing and case of
Abdullah Ocalan is made, debates are emerging in Turkey about how a
new trial of the leader of the Kurds could be prevented.
This is based on the general impression that the ECHR will decide to
uphold and follow the previous judgement in Ocalan’s case. At the end
of the first appeal hearing the judges in Strasbourg concluded that
Ocalan did not receive a fair trial with an independent court, his
rights to defence were restricted and he suffered inhuman treatment
through the imposition of the death sentence. Should these findings
be supported and confirmed, Turkey is faced by a serious dilemma.
In the context of the EU accession process, the Turkish government
did introduce various legal and judicial reforms also concerning
criminal law according to which judicial decisions made in Strasbourg
have to be accepted and implemented on the national level. At the
same time, these legal reforms are severely limited by other new laws
in Turkey. One example is the principle of the reopening of legal
proceedings which according to the reform is not applicable to trials
closed by the beginning of 2003. The trial in question, against
Abdullah Ocalan, is therefore excluded from that legal provision the
basis of which was built on the fear that the ‘enemy of the state’,
Ocalan, could gain from a democratic reform of the legal system.
Tellingly, the bill of the criminal law reform has been christened
‘Lex Ocalan’/ ‘Law Ocalan’ by the Turkish media.
What are these fears about? Why is it that Ocalan is still the focus
of so much debate? It is not so much the person Abdullah Ocalan
himself who is causing the controversies. Rather his name and
personality are closely intertwined with a conflict which is still
awaiting its solution. As soon as the Kurdish question is mentioned
or raised in any form, the governmental elite in Ankara and military
circles react with defensive reflexes which are not easily
comprehendible to Europeans. This is far from rational behaviour and
action. Recent developments in Turkey seem to support this
impression.
Currently, a nationalist wave is sweeping across Turkey. Flagged
marches and demonstrations are held everywhere and members of the
opposition are attacked on the street. Triggering this outburst of
Turkish nationalism was a statement by the general staff of the
Turkish army according to which, in the context of this year’s Newroz
festivities, two Kurdish children threw a Turkish flag on the ground
in the Turkish costal town of Mersin. In this statement the Kurds
were described as ‘so-called citizens’ of Turkey who ought to be
taught how to behave properly. The nationalist mood is not directed
against Kurds only; Turkish journalists and intellectuals are also
victims of discrimination. The Turkish writer Orhan Pamuk is faced
with death threats as he dared to openly comment in an interview on
the Turkish-Kurdish conflict and the massacre on Armenians in 1915.
Cartoonists have to pay horrendous fines because their works are not
approved of by Turkey’s minister president Erdogan.
Also in Europe politicians and diplomats recognise with increasing
frustration and alienation that the efforts and enthusiasm for
reforms in Ankara slowed down considerably. Only recently, the
European commissioner for enlargement, Oliver Rehn, called on Turkey
pressing for continued reform efforts. If these efforts do not
materialise the beginning of membership negotiations between Turkey
and the EU set for 3 October 2005 might be called into question. This
official reminder or warning is not surprising given the realities in
Turkey. Reforms that have been announced are delayed or not even
tabled; reforms that are decided upon are only partially implemented
if at all. International human rights organisations such as Amnesty
International and Human Rights Watch report a rapid increase in human
rights violations and increasing racism directed against the Kurds as
a whole. The Turkish army is currently speeding up and extending its
military operations against Kurdish rebels in Kurdish regions. News
media report heavy fighting, injuries and casualties. Lasting longer,
these military clashes might escalate and develop their own deadly
dynamics.
How can a possible re-trial of Ocalan been understood in this
political context in Turkey? One the one hand, Ocalan still polarises
and divides public opinion, to some he is a hero, to others an enemy
of the state. On the other, already the fact of a public and fair
trial will cause uneasiness with those which would like to ignore the
Kurdish question completely. It is very likely that in such a
re-trial controversial questions such as the Turkish-Kurdish war and
the actions and behaviour of the Turkish army will be raised. This
would be an immense political issue which many want to prevent.
However, one thing is for sure: Also if the problem is ignored and
denied on the highest political levels, it nevertheless breaks its
way through other channels and will come to light. Nevertheless, a
re-trial of Ocalan could also be a chance for a new start bringing
the Turkish and Kurdish sides together. The Kurds seem to be ready,
willing and prepared. It is for Turkey to take the next steps.
Otherwise it will be more than difficult for Turkey to fulfil the
EU’s expectations for membership.