Vatan daily's journalist Bilal Cetin discusses in his article today an important problem that is pending on the government's agenda for a period of time. Cetin affirms that the European Court of Human Rights (ECHR) is going to announce its final decision next week about Ocalan's case (i.e., the rejection of Turkey of an earlier ECHR ruling on the application of Ocalan's lawyers); and it is not going to accept the arguments of Turkey.
The ECHR had earlier ruled that Turkey violated Article 6 of the European Convention on Human Rights, which is related to the right to fair trial. Upon Turkey's rejection, the Grand Chamber of the ECHR, which acts like an appeals court, has re-discussed the case and it is going to announce its verdict next week which will clearly open the way for a retrial of Ocalan, Cetin says.
Cetin writes in his article that the government has been discussing the issue (of Ocalan's retrial) behind the closed doors since mid-February when the Foreign Ministry was informed that the ECHR would probably ask Turkey to retry Ocalan as the Court thinks that his right to fair trial was violated under the European Convention on Human Rights.
Cetin writes ''The government brought the issue to the agenda of the National Security Council (NSC) in its monthly meeting on February 25th, thinking that a 'state decision' (which would clear the way for a retrial of Ocalan) is necessary. The government officials told at the NSC meeting that if Turkey doesn't abide by the ECHR decision, this would probably break off the ties with the EU before October 3rd (when entry talks between Turkey-EU starts).''
''However the government couldn't get what it expected. President Sezer and the military members of the NSC said that the issue was a political one and the authority to make a decision on the issue belonged to the government. Then PM Erdogan got in contact with opposition leader Deniz Baykal asking him to cooperate with the government to lift the obstacle for a retrial of Ocalan. Baykal said such a decision could only be made by the government, adding his party would not cause problem if government opts for such a step. As a conclusion both the high ranking state officials and the opposition party leader refrained from sharing the political and social risk and burden of giving permission to Ocalan's retrial,'' Cetin comments.
Abdullah Ocalan, the leader of the terrorist organization PKK was captured in an operation in Kenya on February 16th, 1999 and brought to Turkey. Ocalan's case was based on the indictment prepared by Ankara State Security Court No 2 and he was sentenced to death penalty on June 30th, 1999 under Article 125 of the Turkish Penal Code as he was found guilty for treason. Later Ocalan's punishment was commuted to life imprisonment within the scope of EU adjustment laws adopted by the Turkish parliament.