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Ocalan: They did not leave chance of
independent and unbiased trial
10.6.2005
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ISTANBUL (DIHA) - Kurdish People's Leader
Abdullah Ocalan underlined that there is no chance
of independent and unbiased trial in a situation
that government and military authorities take side
and said: "Therefore I will not let a new play. I do
not accept retrial in these situations, I will not.
I demand from European Council and Committee of
ministers to form a trial mechanism which will take
Turkey and us as sides".
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Abdullah Ocalan |
Kurdish People's Leader Abdullah Ocalan, staying in
Imrali Special Type Prison, made his weekly usual
negotiation with his attorneys Aysel Tugluk, Dogan
Erbas, Asya Ülker and his sister Fatma Ocalan on
June 1st. Ocalan's attorney Aysel Tugluk stated that
an official recorded the negotiation with decision
of Bursa execution judgeship upon Law about
execution of sentence which came into force the same
day.
Tugluk stated that Öcalan criticized application and
he said: "Everybody, governing or in opposition told
'he is sentenced with the same penalty even is he is
tried for hundred or thousand times'. They revealed
themselves as a side. We are a side too. Thousands
of villages burned down, thousands of murders
committed. We need a trial concept which will reveal
the war and which will accept us and Turkey as
sides". Ocalan underlined that there is no chance of
independent and unbiased trial in a situation that
government and military authorities take side and
said: "Therefore I will not let a new play. I do not
accept retrial in these situations, I will not. My
thought for this matter is very clear.
'We are in more dangerous period then Çiller
period'
Ocalan said "I just wanted to transform retrial an
action for peaceful and fraternal solution" and
stated that the government stopped peace process and
people in Turkey must know this. Ocalan drew
attention that he has been making effort for 7 years
to take Turkey into a normalization process but this
was not replied and he said:
"Turkey is in a political period in which the name
of problem is not told. There is nothing to do any
more. I think these practices are physically and
volitionally oppressing attempt. There are
operations. Even Çiller was talking about Basque
model. These even do not tell the name of problem.
Şaron offered a dialogue to Philistine organizations
as 'Give up violence, the anything, including state,
can be debated'. We do not want a state, we do not
want a nationalist solution. We want the political,
social and democratical rights of Kurdish people to
be recognized on the basis of universal human
rights. Even this is not accepted".
The situation of European Council and The
Committee of Ministers
Öcalan wanted attorneys to make attempts at European
Council and The Committee of Ministers and present
the statements of Prime Minister Recep Tayyip
Erdogan, Minister of Foreign Affairs Abdullah Gül
and military authorities as evidence of there are no
suitable conditions for independent and unbiased
trial. Ocalan stated that he demand from European
Council and Committee of ministers to form a trial
mechanism which will take Turkey and them as sides
and he said: "Otherwise I call it as a game and I
will not take part in this play. I will not let a
new play. They say that I accepted the trial in
Imrali. I did not accept that either. I just
accepted it to develop peace process and give peace
messages. This does not mean I approve the trial in
Imrali. There had not been a trial in Imrali."
Erdogan stated that he faced illegal practices since
he was detained but he accepted them for peaceful
and democratic solution and he said: "I have worked
for it for 7 years. But it is obvious that it is not
wanted, accepted. There is nothing left I can do.
This is extrajudicial killing, I protest it. I
cannot make negotiations in these situations.
Concept of 'If we break off the head we can crush
the body'
Ocalan stated that there is "If we break off the
head we can crush the body" concept in these
practices but they created a reality expressed by
millions of people and he said: "If I die here I die
as a self-respecting freedom defender, as a warrior
of people's freedom. Everybosy should know this. He
explained the conditions he is living in as "I was
forced to live just a fish forved to live on land. A
creature can adapt a different environment 500 years
later. I have been forced to live in this situation
for 7 years. My health should be considered within
these conditions. But I have strength to overcome
all of these".
Ocalan made a call to Kurdish and Turkey people:
"Government stopped peace process. It is not me but
government corrupted it. I want everybody to be
sensitive about it."
'We will not make negotiations until the
conditions are abolished'
Tuğluk stated in the name of attorneys and said that
they call the new practice builded up with law about
execution of sentence as a blow in defense right and
defunctionization of defense. Attr. Sagluk stated
that they are against the practice which keeps
defense under constraint and he said: "We will not
accept to make negotiation in these conditions since
we will not perform our defense duty duly. We think
this is not execution of our client but also
execution defense".
Attr. Tugluk stated that they behaved commonsensical
against all unlawfulness for 7 years: "But this
practice is not acceptable." Tuğluk reminded that
this was stated clearly in the decision ECHR and she
said: "ECHR determined an infringement since the
secrecy principle about Ocalan and attorneys'
negotiation was violated. This was considered as
infringement of defense. One of the main facts that
the trial was not fair was defense. This current
practice ignores and violates the decision of ECHR.
In this sense there is no need to negotiate in these
conditions."
Tugluk stated that they will raise an objection to
the decision and make administrative applications,
and if they do not get a result they will apply to
ECHR. Attr. Tuğluk stated that they will negotiate
Ocalan if current conditions change.
04.06.2005
'Fair condition' warning of
Ocalan's attorneys
ISTANBUL (DIHA) - Attorneys of Kurdish
People's Leader Abdullah Ocalan drew attention that
their right of defense is tried to be eliminated and
stated that they will not go to negotiate with their
client as long as 'fair conditions' are not created.
Attorneys told that their clients can accept retrial
if the conditions of independent, neutral and fair
trial are created.
Attorneys of Asrın law firm made a press statement
at their office in Taksim to give information about
retrial of Kurdish People's Leader Abdulah Ocalan
and the negotiation they made last week. Attorney
Doğan Erbaş stated that they negotiated once with
their client after the ECHR's decision of retry
Kurdish People's Leader Abdullah Ocalan on May 12th,
2005. Erbaş stated that they assessed the case as
the most important case of century with its affect
and extent.
'This case is political'
Erbaş stated that the case is taken out of its legal
base and victimized to political assessments and
said: "This case is surely a political case. It is a
case which affects Kurds more than Turkey. This
decision of 17 international court of justice judges
needed a legal assessment first. Many juris in
Turkey gave up their legal identities, told their
political opinions as if they have the pover over
legislation and government."
'Legal and constitutional changes must be made for a
fair trial'
Erbaş stated that decision of ECHR is important for
constituting an independent and neutral court and
said that as defense lawyers, they hope that
suitable conditions for a fair trial are constituted
and added that their right of defense is violated
with the ban of going abroad. Erbaş drew attention
that General Staff, judges and prosecutors gave up
their legal identities and told their political
opinions and he told: "Expectations from government
are making legal and constitutional changes for a
trial in an independent and neutral court".
Recorder
Erbaş assessed their last negotiation with Ocalan
and stated that their negotiation on the June 1st
was recorded by a ministry official with the
decision of 1. execution judicial post and the
documents of the negotiation was confiscated.
Erbaş called the practices arbitrary and told:
"Since the negotiation with these conditions is
eliminating the defense right and with the demand of
our client we will not visit our client as long as
current arrangements continue."
Condition of fair trial
Erbaş stated that their client Ocalan made important
calls to provide social peace and solve Kurd problem
democratically during the trial in Imrali and said:
"Our client demands his case is handled together
with all historical, social, political aspects of
Kurd problem and struggle period of 15-20 years,
experienced because of deadlock of Kurd problem in
Turkey, to be discussed with all aspects. Our client
told us that he accepted to make attempts to
European Council Board of Ministers to create
conditions of independent trial and if these
conditions are created he will accept to be
retried."
Erbaş emphasized that latest developments did not
serve for the democratization of Turkey and
increased current problems and he said:
"It is made impossible for us to continue our
defense duty we have been doing for 7 years. We
think the latest developments experienced in Turkey
within the frame of our client and his case are
obstacles for the democratization of Turkey. The
responsible for this is the government which did not
remove the obstacles to practice ECHR decision and
put new obstacles."
Erbaş wanted all people to be more sensitive about
the practices which do not serve for peace and
solution in Turkey.
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