The Case of the Isolation Regime of Abdullah Öcalan

A Violation of European Human Rights Law and Standards?

Diploma Thesis , 2010 , 99 Pages , Grade: 1

Politics - Topic: Public International Law and Human Rights

This thesis deals with the isolation regime of Abdullah Öcalan, who was arrested in 1999 and since then has been imprisoned as a sole inmate in the High Security Prison of Imrali for ten years. The aim is to investigate the detention conditions imposed on the detainee and to find out about the allegations of Human Rights violations in this case of isolation. The principle of the prohibition of torture, laid down in Art.3 ECHR, serves as the basis for this research and will be analyzed, thereby clarifying the scope of protection.
On the momentous occasion of the sudden end of the isolation regime in November 2009, this thesis aims at imparting a comprehensive knowledge about the development of the isolation regime, the perception of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) regarding human rights conformity as well as the controversial judgments of the European Court of Human Rights (ECtHR) and consequently the improvements that have been achieved by transferring five convicts to Imrali.
The discussion of the monitoring procedure will give an insight view of the detention conditions, which will be assessed on the basis of the CPT reports and recommendations as well as the corresponding responses of Turkey. The detailed examination of the four visits that have been carried out by the CPT in 1999, 2001, 2003, and 2007 will show the different stages of the isolation regime.
Since the Court holds a controversial view concerning Human Rights violations in the isolation regime, the relevance of the CPT standards will be investigated in comparison to the case law of the Court. The role of the Committee as a preventive organ in setting human rights standards and its influence on member states will be discussed as well as the dialogue between the CPT and Turkey.

Inhaltsverzeichnis (Table of Contents)

• A. INTRODUCTION
• B. INVESTIGATION OF ART. 3 ECHR
• I. Scope of Protection of Article 3 ECHR
• 1. Torture
• 2. Inhuman Treatment
• 3. Degrading Treatment or Punishment
• 4. Detention Conditions
• II. Functions of the two supervising organs: CPT and ECtHR
• 1. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
• a) The CPT's relation with other human rights bodies
• b) The CPT Standards
• 2. The European Court of Human Rights (ECtHR)
• a) The judgments and their binding force
• b) Judgments in connection to isolation regimes
• C. THE CASE OF ABDULLAH ÖCALAN
• I. Historical Context: The Kurdish Question
• II. Background Information, Political Career and Acts of Abdullah Öcalan
• III. Arrest of Abdullah Öcalan and Imprisonment
• IV. The Turkish Trials against Öcalan
• V. Excursus: Abolition of the Death Penalty in Turkey
• VI. Imprisonment in Imrali High Security Closed Prison
• VII. Recent developments on the Kurdish Question and Abdullah Öcalan
• D. THE MONITORING PROCEDURE OF THE CPT
• I. Visit in 1999
• 1. Report of the CPT
• 2. Response of the Turkish Authorities
• II. Visit in 2001
• 1. Preliminary Observations of the Committee
• 2. Reply of the Turkish Authorities
• 3. Report of the Committee
• 4. Response of the Turkish Authorities
• III. Visit in 2003
• 1. Report of the Committee
• 2. Response of the Turkish Authorities
• IV. Visit in 2007
• 1. Report of the Committee
• 2. Response of the Turkish Authorities
• V. The End of the Isolation Regime and recent Developments
• E. CONTROVERSIAL VIEW OF THE ISOLATION REGIME BY THE EUROPEAN COURT OF HUMAN RIGHTS
• I. Judgment of 2003
• II. Judgment of 2005
• F. CONCLUSION
• I. The 'Ongoing Dialogue' between the CPT and Turkey
• II. The Standard-Setting role of the CPT in the light of Turkey's actions and reactions
• G. BIBLIOGRAPHY
• I. Articles and Books
• II. CPT
• III. ECtHR
• IV. Other Sources

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This Diploma Thesis examines the isolation regime imposed on Abdullah Öcalan, the leader of the Kurdistan Workers' Party (PKK), in Turkey. The thesis aims to analyze whether this regime constitutes a violation of European human rights law and standards, specifically focusing on Article 3 of the European Convention on Human Rights (ECHR), which prohibits torture and inhuman or degrading treatment or punishment. The thesis investigates the legal framework of Article 3 ECHR, the role of the European Committee for the Prevention of Torture (CPT) and the European Court of Human Rights (ECtHR) in monitoring and enforcing these standards, and the specific case of Abdullah Öcalan's imprisonment. The thesis also explores the historical context of the Kurdish question in Turkey and the political career of Abdullah Öcalan.

• The legal framework of Article 3 ECHR and its application to isolation regimes
• The role of the CPT and ECtHR in monitoring and enforcing human rights standards
• The specific case of Abdullah Öcalan's imprisonment and the isolation regime imposed on him
• The historical context of the Kurdish question in Turkey
• The political career and actions of Abdullah Öcalan

Zusammenfassung der Kapitel (Chapter Summaries)

The introduction provides an overview of the topic and outlines the structure of the thesis. Chapter B investigates the scope of protection of Article 3 ECHR, including torture, inhuman treatment, degrading treatment or punishment, and detention conditions. It also examines the functions of the CPT and ECtHR in monitoring and enforcing these standards. Chapter C focuses on the case of Abdullah Öcalan, exploring the historical context of the Kurdish question, Öcalan's political career, his arrest and imprisonment, the Turkish trials against him, and the recent developments on the Kurdish question. Chapter D examines the monitoring procedure of the CPT, including its visits to Turkey and its reports on the isolation regime. Chapter E analyzes the controversial view of the isolation regime by the ECtHR, focusing on its judgments in 2003 and 2005. The conclusion summarizes the findings of the thesis and discusses the ongoing dialogue between the CPT and Turkey, as well as the standard-setting role of the CPT in the light of Turkey's actions and reactions.

Schlüsselwörter (Keywords)

The keywords and focus themes of the text include Abdullah Öcalan, isolation regime, European human rights law, Article 3 ECHR, torture, inhuman or degrading treatment, European Committee for the Prevention of Torture (CPT), European Court of Human Rights (ECtHR), Kurdish question, Turkey, imprisonment, detention conditions, monitoring procedure, standard-setting role, and the ongoing dialogue between the CPT and Turkey.

• College: University of Graz (Institut für Völkerrecht und Internationale Beziehungen)
• Grade: 1
• Author: Mag. Katharina Kirchmayer (Author)
• Publication Year: 2010
• Pages: 99
• Catalog Number: V151592
• ISBN (eBook): 9783640636655
• ISBN (Book): 9783640636945
• Language: English
• Tags: Abdullah Öcalan, isolation regime, CPT