Elif Akgül

Istanbul_While the resolution of the Kurdish issue and the process of democratic transformation have been ongoing for nearly a year and a half, a draft law related to this process is expected to be presented to parliament following the preparation of a parliamentary committee report. As discussions continue around sick prisoners, equality in sentencing, and related matters, the situation of Abdullah Öcalan and his “right to hope” remains on the agenda.

“Cautious optimism among everyone”

Human rights defender Eren Keskin explained what should be included in the draft and which issues should be prioritized, noting that the Turkish state has taken no steps since October 2024, which is considered the beginning of the peace process.

“Implementing existing law is necessary before introducing any new legal regulations to ensure progress in the process.”

She added that the main problem lies in the failure to implement Constitutional Court and international court rulings:

“We have been in this process for nearly a year and a half. Whatever it is called, for us it is a new peace process. However, one side has taken steps while the other has not taken any so far. Naturally, this creates distrust because we are familiar with the structure of the state and its past practices.”

She emphasized that everyone is cautiously optimistic:

“We do not want to give up hope, but we do not see anything that reinforces it. It is said that some legal steps will be taken, but there does not appear to be any meaningful consensus on this either.”

“Problems can be solved without new legislation”

Referring to the parliamentary committee report, Keskin stated that discussions around the new draft law remain vague:

“I believe that if the Republic of Turkey genuinely applied its domestic law—even the law we consider insufficient—and complied with the international agreements it has signed, many problems could be resolved without the need for new legislation.”

She added:

“The Constitution states that Constitutional Court rulings are binding on all institutions. However, Turkey is currently not implementing even the decisions of its highest court. If it did, Osman Kavala, Selahattin Demirtaş, Figen Yüksekdağ, and all Gezi prisoners would already have been released.”

She continued:

“Article 90 of the Constitution states that in cases of conflict between domestic and international law, international law prevails. In this context, international law provides mechanisms for every issue. For example, the European Convention on Human Rights guarantees freedom of expression and assembly, and Turkey is a party to it. Yet it acts in contradiction to it and does not implement the rulings of the European Court of Human Rights, which are binding. In other words, there is such a level of lawlessness that we are not dealing with a state that respects the rule of law and can be trusted.”

“Prisoners must be released”

Keskin stressed that priority must be given to elderly and sick prisoners and that no new law is needed to resolve this issue:

“Our main goal in this process is the release of sick prisoners. According to data from the Mental Health Institute, there are more than 1,500 prisoners suffering from serious illnesses in Turkish prisons. Some have fatal diseases—there are cancer patients, heart patients, and psychiatric patients. No law is needed for this.”

She explained that a sick prisoner can be released based on medical reports and judicial decisions:

“For example, Fatma Tokmak is a prisoner with a serious heart condition. A detailed report years ago stated she could not remain in prison, and doctors feared performing surgery on her. Yet the Forensic Medicine Institute recently issued a report stating that a patient on whom surgery is considered too risky can remain in prison.”

“Criminal prisoners are released, political prisoners are not”

Keskin also highlighted a major disparity between criminal and political prisoners:

“Currently, criminal prisoners are released after serving a very small portion of their sentences. For example, during the COVID-19 pandemic, many criminal prisoners were released, but political prisoners were not. In other words, someone imprisoned for writing something was not released, while thieves and perpetrators of serious crimes were.”

“The anti-terror law must be abolished”

According to Keskin, abolishing the anti-terror law is another priority:

“This law doubles punishments, even though the Turkish Penal Code already regulates crimes. There is no need for a separate anti-terror law, especially if we are talking about a new peace process. It must be abolished because it imposes additional penalties.”

Regarding criticisms that the new draft law imposes a form of “repentance,” she said:

“We do not find such a regulation appropriate, and I even doubt it can be implemented.”

She added that the draft law resembles laws from the era of Sheikh Said:

“In 2026, the state’s mindset still seems stuck in 1925. They appear to be holding onto a public order mentality, which is completely unreasonable.”

“The right to hope is an obligation”

Keskin stated that discussions about the “right to hope” are being framed incorrectly:

“It is discussed as if it were a favor, but it is actually an obligation under the European Convention on Human Rights and stems from rulings of the European Court of Human Rights, which Turkey is bound by.”

She explained that the right to hope means giving prisoners who have served more than 25 years a chance at life:

“This can be done through release or by improving prison conditions. But Turkey must make these arrangements. As human rights defenders, we believe all political prisoners should be released.”

“If the state wants, it can prepare society in half an hour”

Keskin emphasized the importance of suspending trials and releasing political prisoners during transitional periods:

“In peace processes, transitional laws are enacted. During such times, it is necessary to suspend all trials and declare that these accusations are no longer crimes. However, what the state seeks here is to impose repentance, which cannot come from a mindset that believes in equality and peace.”

She concluded:

“In peace processes, these trials are suspended and all political prisoners are released. Even Palestine and Israel have mutually released prisoners. But such an approach is not followed here. They say society must be prepared, but in this region, if the state wants, it can prepare society in half an hour—and peace can be achieved very easily.”