What is the likelihood of Devlet Bahçeli's call for Öcalan becoming reality?: Legal changes are required

At the opening of the new legislative term of Parliament, Bahçeli had gone to the DEM Party benches, shaken hands with party officials, and subsequently delivered messages of "unity and solidarity." Erdoğan had also welcomed this move by Bahçeli with words of praise. Statements indicating an expectation of concrete steps had also come from the DEM Party side.

While discussions were ongoing in the intervening days regarding what steps the government might take as part of the new process, an unexpected statement came from Devlet Bahçeli today.

"LET THE WAY BE WIDE OPEN"

Bahçeli called for Abdullah Öcalan, the leader of the terrorist organization PKK who has been in prison since 1999, to speak in Parliament. Stating, "If the terrorist leader's isolation is lifted, let him come and speak at the DEM Party group meeting in the TBMM," Bahçeli continued his words as follows:

"Let him declare that terrorism has completely ended and the organization has been disbanded. If he shows this resolve and determination, let the way be wide open for a legal regulation to be made regarding the use of the right to hope and for him to benefit from it. Let the address extend from Imralı to DEM, not Kandil or Edirne, and let this heavy and historical terror problem be completely removed from the country's agenda. I challenge you, we are ready for this."

AKP Chairman and President Erdoğan also made positive references to Bahçeli's words in his speech today. Erdoğan said, "The historical window of opportunity opened by the People's Alliance should not be sacrificed for personal calculations. We want to build a country without terrorism all together."

THE ECHR'S "RIGHT TO HOPE" RULING

What is the condition for this call by Bahçeli to legally become reality? Is it possible for Öcalan to make a speech in Parliament?

The "right to hope" mentioned by Bahçeli refers to the evaluation of the possibilities of conditional release for individuals sentenced to imprisonment, within the conditions determined by law, by taking into account the good conduct and behavior they have shown over certain periods.

The European Court of Human Rights (ECHR) also made an assessment in its "Vinter v. United Kingdom" ruling in 2013 that the conviction status of a prisoner sentenced to aggravated life imprisonment should be reviewed after a certain period. It was stated that this assessment could come to the agenda after 25 years of execution.

The ECHR, which issued a violation ruling regarding Öcalan in 2014, had pointed out that Öcalan remaining in prison until the end of his life was contrary to the European Convention on Human Rights.

IT WAS ALREADY BEING DISCUSSED

Based on these rulings of the ECHR, discussions had been ongoing, especially since the beginning of 2024, that Öcalan should be released within the scope of the "right to hope," emphasizing that he has been in prison for 25 years.

Attorney Bedirhan Sarsılmaz from the Association of Lawyers for Freedom had stated in his remarks in February of this year, "We believe that 25 years have been completed and the conditions for Öcalan's conditional release have been met."

WHAT NEEDS TO BE DONE LEGALLY?

In accordance with the Execution Law currently in force in Turkey, it is not possible for Öcalan, who was sentenced to aggravated life imprisonment for the crime of "disrupting the unity and territorial integrity of the state," to benefit from conditional release rights.

For Öcalan to be released within the scope of the "right to hope," some parts of Article 107 of the Execution Law need to be repealed. This is because the 16th paragraph of the relevant article contains the phrase "Provisions for conditional release shall not be applied" for individuals sentenced to life imprisonment for "crimes against the security of the state."

If an amendment is made to Article 107, the possibility of Öcalan being released within the scope of the "right to hope" upon completing his 25th year in prison will become a situation that can be evaluated.

In other words, if Turkey decides to implement the ECHR's ruling, it could also invalidate the "can be conditionally released after 36 years" condition in the Execution Law and pave the way for the release of Öcalan, who has been in prison for 25 years.