Statement: Türkiye, the Committee for the Prevention of Torture, and Abdullah Öcalan

/

The following statement was endorsed by the Haldane Society’s executive committee on Tuesday 3rd January 2023.

Türkiye must stop disrespecting the CPT's recommendations – and end the illegal isolation of Abdullah Öcalan and his fellow prisoners in İmralı

For over 3 years, Abdullah Öcalan's lawyers have been prevented from visiting their client in İmrali prison. Since March 2020, family members have not been able to visit him either. In the more than 20 years prior to that, visits by lawyers and family members were also largely prevented.

We, the undersigned organizations, therefore welcome the fact that The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) carried out another ad hoc visit to Türkiye from 20 to 29 September 2022. During this visit, the CPT also visited the prison island of İmralı, where Abdullah Öcalan has been imprisoned for more than 20 years. The aim of this visit was "to examine the treatment and conditions of detention of all (four) prisoners currently held in the establishment. In this connection, particular attention was paid to the communal activities offered to the prisoners and their contacts with the outside world." In the past, the CPT's regular visits to Türkiye have taken place almost annually. In addition, there have also been several ad hoc visits. Numerous visits by the CPT have also taken place to İmralı Prison Island. In its discussions with Türkiye’s government representatives, the CPT has consistently highlighted the untenable conditions of Abdulla Öcalan's detention.

In its report on the 2019 inspection at İmralı, published in 2020, the CPT concluded:

"However, the situation regarding the prisoners' regime had not improved at all since the CPT's 2016 visit." "In the Committee's view, such a state of affairs is not acceptable." This applies equally to Abdullah Öcalan's opportunities for contact with his 5 fellow prisoners, as well as to the denied possibility of receiving visits from family members and his lawyers. The CPT therefore called for "More specifically, a sustainable system of regular visits by family members and lawyers should be developed for all prisoners held at İmralı Prison."

We see the CPT's recent ad hoc visit as confirmation that the CPT shares its concern that the government of Türkiye has not adjusted the conditions of Abdullah Öcalan's detention in line with the CPT's repeated recommendations. This is confirmed by the CPT's press statement issued after the visit, which states: "The delegation also held consultations with Akın Gürlek, Deputy Minister of Justice, and Enis Yavuz Yıldırım, Director General of Prisons and Detention Centres, as well as with other senior officials of the Ministries of Justice and Foreign Affairs, on the implementation of long-standing recommendations made by the CPT concerning İmralı Prison."

We regret that the CPT has not yet published details of its visit to İmralı and its discussions with Turkish government officials. The CPT's reference in the last published report on its visit to İmralı in September 2022 can only be understood to mean that the unacceptable conditions of Abdullah Öcalan's detention continue and that the deficiencies pointed out have not been remedied.

We call on the government of Türkiye to take immediate account of the CPT's criticisms and to implement the CPT's recommendations, in particular as regards visits by lawyers and family members, and to respect Turkish, European and international legal provisions in this regard.

We further call on the government of Türkiye to take a position without delay on the CPT's report on the September 2022 inspection of the CPT and to pave the way for its publication

We call on the Council of Ministers of the Council of Europe to discuss the government of Türkiye’s persistent refusal to comply with the CPT's recommendations and to discuss the necessary steps.

In view of the notorious refusal of the Turkish government to follow the recommendations of the CPT, we call upon the CPT to make use of Article 10 (2) of the Convention and to publish in advance a statement outlining the main abuses and the impact on the health of the detainees on İmralı, even before the possible publication of its report.

Original signatories:

Center of Elaboration and Research on Democracy/Group of International Legal Intervention (CRED/GILI) European Association of Lawyers for Democracy & World Human Rights European Democratic Lawyers, AED
Giuristi Democratici, Italy
Republikanischer Anwältinnen- und Anwälteverein e.V. , Germany Syndicat des Avocats pour la Démocratie (SAD), Belgium

Vereinigung Demokratischer Juristinnen und Juristen

Verein Für Demokratie und Internationales Recht (Maf-Dad) Vereniging Sociale Advocatuur Nederland, the Netherlands

Statement on raid of Palestinian NGOs

/

The Haldane Society of Socialist Lawyers unequivocally condemns the latest assault on Palestinian civil society by the Israeli Defence Forces (IDF) directed by Benny Gantz, Defence Minister for the Israeli Government.

On 18 August 2022, six prominent Palestinian NGOs based in the West Bank – Al-Haq, Addameer, Bisan Center, Defense for Children International-Palestine (DCI-P), the Union of Agricultural Works Committees (UAWC), and the Union of Palestinian Women’s Committees (UPWC) – had their offices raided by the IDF, with files and equipment being seized in the process and their doors welded shut. At the entrance of each office, military orders were left declaring that the organisations were illegal. This follows the six NGOs being proscribed as ‘terrorist organisations’ last October, a move which has been condemned by the European Union, Amnesty and Oxfam amongst other international civil society organisations and NGOs. In April, the United Nations condemned the move, saying the designations were ‘not accompanied by any public and credible evidence’.

In a press conference following the raid, Al-Haq’s director, Shawan Jabarin said that the NGOs will ‘continue our work defending justice and international law.’ It is clear that the Israeli clampdown on Palestinian civil society is an attempt to repress organisations that document human rights abuses and use the framework of international law in order to hold the Israeli state to account. Michael Sfard, lawyer for some of the designated groups, said that the attacks were motivated ‘out of a desire to frustrate the International Criminal Court proceedings’ which Israel has continued to not cooperate with. The last 12 months has seen increased pressure on the six NGOs, including intimidation against staff, judicial harassment and travel bans.

The Haldane Society of Socialist Lawyers condemns these attacks against human rights defenders and civil society organisations at the hands of the Israeli Government. The Haldane Society stands in solidarity with our colleagues across Historic Palestine who face intimidation and threats to their lives for documenting human rights abuses and providing crucial legal support to those who face the brunt of Israeli state violence.

- Haldane calls for Israel to rescind the decision to designate the six NGOs as ‘terrorist organisations’ and to cancel the military orders, in order to allow Palestinian human rights defenders to continue doing the vital work they do;

- Haldane calls on other international civil society organisations to counter these sustained attacks on Palestinian civil society by refusing to recognise these malicious designations, and to continue funding their crucial work;

- Haldane continues to insist that all European states are under an obligation to do everything in their power to bring to an end the illegality and oppression of Israel’s continued occupation since 1967, which is the root cause of the current violence;

- Haldane urges all European states to give the maximum support to the ICC and its new Prosecutor in carrying out their investigation without hindrance, in particular Israel, which has effectively declared war on the ICC.

In person event: Abolishing the police/Abolishing the law

/

Join David Renton (barrister from Garden Court Chambers / author of 'Against the Law: Why Justice Requires Fewer Laws and a smaller state.') and Aviah Sarah Day and Shanice Octavia McBean (from Sisters Uncut and co-authors of 'Abolition Revolution') in discussion.

On Thurs 8 September at 6.30pm at Birkbeck, University of London

Register for a ticket here - seats are limited!

ELDH Statement – Restore rights and values at Europe’s borders

/

Statement from our affiliate organisation, European Association of Lawyers for Democracy & World Human Rights (‘ELDH’):

ELDH condemns the cynical killings and beatings of migrants by both Moroccan and Spanish Border Forces at Melilla on 24 June 2022. They are being used as political pawns. We urge a humanitarian response from the African Union, the EU and its Member States to require both Morocco and Spain to respond in a humane manner in line with their international legal obligations.

The enclaves of Melilla and Ceuta in Northern Morocco were retained as Spanish Territory when Morocco gained independence in 1956. They are therefore the first European externalised borders and have long been the scene of unlawful killings of migrants attempting to cross into Europe.

The killing of at least 37 people (Moroccan Human Rights Group AMDH estimate) by Moroccan security forces and the injury of over 100 others trying to cross from Morocco to Spain on 24 June is the largest and most brutal. Migrants are used as pawns in negotiations over the independence of Western Sahara as prior to Spain’s endorsement of Morocco’s autonomy plan for Western Sahara in May. Morocco had “turned a blind eye” to migrants crossing into Spanish territory (10,000 in May 2021 and nearly 500 in early June 2022). Western Sahara’s pro-independence Polisario Front wants a UN supervised referendum on self-determination.

Thousands of vulnerable migrants remain stranded in Morocco. This is a continuing humanitarian crisis which causes immense suffering.

Highly vulnerable groups are weaponised in this struggle. They include many Victims of Trafficking fleeing war and persecution in sub Saharan Africa.

ELDH therefore proposes the following responses:

Access to seeking asylum at the border

Access to Spain should be allowed both in law and in practice in accordance with EU and international law, irrespective of the manner of arrival. Spanish and Moroccan Border Officers should refrain from the use of excessive force. Measures aimed at preventing people from accessing EU territory such as forceful pushbacks, beatings and killings must be prohibited.

We call on the European Union and other relevant international and regional actors to ensure:

Human rights based border governance

Safe migration pathways

Individual assessment of asylum claims

Protection from collective expulsions, arbitrary arrest and detention

EU response

The EU, its commission and member states must respond to the border crisis in accordance with their international obligations, not bow to pressure from Spain. There should be no derogation from the current political and legal framework which can ensure a humane transition for those currently suffering on the externalised European borders at Melilla and Ceuta.

Spanish and Moroccan Enquiry

Spain and Morocco should give a swift and public condemnation of the recent events, outlining steps to carry out an effective and independent investigation into the circumstances of the deaths and injuries, identifying those responsible and ensuring accountability.

UN Special Rapporteur on Refugees

The Special Rapporteur should carry out an independent enquiry into the events in Melilla of 24th June 2022.

Migrants detained in Melilla and Ceuta

International standards of accommodation should be maintained for those currently detained.

International Access

The border should be accessible to international media and monitored by independent actors to ensure that EU and international law is respected. Acts of violence by state enforcers and others should be condemned and investigated.