DEM Party submitted a legislative proposal for the 'right to hope' 22 days ago

MHP leader Devlet Bahçeli's shaking hands with DEM Party membersin parliament, which began with, AKP Chairman and President Recep Tayyip Erdoğan's support, had strengthened claims that a "new resolution process is beginning."

Most recently, MHP leader Bahçeli stated at his party's group meeting regarding Öcalan: "Let Öcalan come and speak at the DEM Party group meeting in the Grand National Assembly of Turkey. Let him declare that terrorism has ended, and then let him apply for the right to hope."

While reactions continue following Bahçeli's "right to hope" remarks, it has emerged that the DEM Party submitted a legislative proposal to Parliament 22 days ago to allow Öcalan to benefit from the right to conditional release within the scope of the "right to hope."

The legislative proposal submitted on September 30 by DEM Party Group Deputy Chair and Erzurum MP Meral Danış Beştaş to the Parliamentary Justice Commission, titled 'Proposal for amendments to certain laws to evaluate the conditions for conditional release in the 25th year of the execution of aggravated life imprisonment,' has returned to the agenda. Beştaş's proposal is currently awaiting action on the Justice Commission's agenda.

WHAT IS IN THE PROPOSAL?

In the general justification of the legislative proposal, Beştaş summarized the following points:

“The death penalty was abolished in Turkey in 2004 and replaced by aggravated life imprisonment. Provisional Article 2 of the Turkish Penal Code stipulates that terror convicts who were previously subject to the death penalty are deprived of the right to conditional release. Aggravated life imprisonment is quite harsh in terms of execution conditions, and convicts are kept only in single-person cells.

This sentence has been deemed contrary to human dignity by the European Court of Human Rights (ECHR). The ECHR emphasizes that life sentences without the hope of release violate the prohibition of torture. In its 2014 ruling in the case of Öcalan v. Turkey, the ECHR stated that the application of aggravated life imprisonment without the possibility of conditional release constitutes inhuman treatment. Prior to the Öcalan ruling, the ECHR also evaluated the right to hope in its July 9, 2013, ruling in the case of Vinter and Others v. the United Kingdom, stating that life sentences should be reviewed at a maximum of 25 years and that the conditions for the release of prisoners should be evaluated. It is indisputable that the rulings issued by the ECHR are binding on Turkey under Article 90 of the Constitution.

Despite ECHR rulings, Turkey has not made changes to its legislation. The Council of Europe has initiated a supervision process regarding Turkey. In line with ECHR rulings, Turkey must establish a review mechanism regarding aggravated life imprisonment. Organizations such as the Association of Lawyers for Freedom have applied to the Council of Europe for the implementation of these rulings. Turkey has acknowledged that the execution regime applied to Öcalan is an 'exception.' Aggravated life imprisonment means an indefinite prison sentence, and this situation creates negative psychological effects on convicts. When the right to hope is not granted, prisoners are pushed outside the law. The implementation of ECHR rulings is necessary to ensure an execution regime that is consistent with human dignity. Therefore, it is necessary to reorganize aggravated life imprisonment and make changes in line with the prospect of release.”

News Source: 12punto