Justice Minister: Turkey Has Exerted Every Kind Of Efforts For A Fair Trial

ANKARA - Justice Minister Cemil Cicek said on Wednesday that Turkey exerted every kind of efforts for a fair trial evaluating the decision of European Court of Human Rights (ECHR) about the head terrorist Abdullah Ocalan.
Cicek told the A.A correspondent that Turkey took great pains over trial process of Ocalan not to face with a situation against itself in the world and in ECHR and recalled that military judge was dismissed from the delegation of the State Security Court (DGM) by constitutional amendment which was made when Ocalan's trial was continuing.
Stating that it was a verdict, Cicek said that both sides could appeal the verdict to the Grand Chamber.
Cicek said that Turkey would assess the issue of appeal and stated, ''if the latest changes were taken into consideration, this verdict would not have been taken. Because death penalty was lifted. There is no problem on that issue.''
He said that if Turkey appealed the verdict to the Grand Chamber, the chamber could take the latest changes into consideration.
Stating that ECHR did not apply to any compensation when it ruled that Ocalan was not tried fairly, he said that ECHR's verdicts were considered as reason for re-trial with the final change in law of criminal procedure.
Cicek added that the case against Ocalan was not in the scope of this law.
''THE REAL REASON OF BRINGING TRIAL OF OCALAN ONTO AGENDA OF ECHR IS TO CARRY THE ISSUE TO POLITICAL GROUNDS''
Cicek said that real reason of bringing trial of Abdullah Ocalan, the head of terrorist organization PKK, onto agenda of the European Court of Human Rights (ECHR) was to carry the issue to the political grounds.
Cicek said, ''the decision of the court is not a final decision. Both sides have the right to appeal the decision. We have three months for appeal.''
''The real reason of bringing trial of Ocalan onto agenda of the ECHR is to carry the issue to the political grounds. It was understood that those who brought the issue onto agenda of the ECHR attributes more importance to the political aspect of the issue than its legal aspect,'' he said.
Cicek added that re-trial of Ocalan was legally impossible.
YAKIS: ''EVEN IF OCALAN IS TRIED AGAIN, HE WILL BE SENTENCED TO SAME PUNISHMENT''
Foreign Minister Yasar Yakis said on Wednesday that even if head terrorist Abdullah Ocalan was re-tried, he would more or less have the same punishment. Responding to questions of journalists about the decision of ECHR, Yakis said that ''we think that if Ocalan was tried again after the completion of 'the shortcomings on procedure regarding his fair trial,' as decided so by ECHR, Ocalan would have the same punishment. So I don't think that the result will change even if the thing, which is considered as shortcoming by the ECHR, changes. Head terrorist Ocalan caused the killing of thousands of people, this reality won't change.'' When asked if the decision ''meant pressure on Turkey,'' Yakis said that he didn't want to accept that ECHR acted under pressure as this could lessen persons' respect in judiciary. ''I don't want to think in that way,'' Yakis said.
Yakis said that the issue of re-trial didn't cover the position of chief terrorist Ocalan, adding ''while the death sentence was lifted, the ones who were sentenced to death penalty before the date of that law's going into force, were excluded. This amendment does not cover Ocalan.''
Yakis said that the decision of ECHR was a decision which would not make Turkey uneasy in many aspects.
MFA: ''REASONS OF DECISION OF ECHR ARE NOT SOUND''
Releasing a statement, the Ministry of Foreign Affairs (MFA) said on Wednesday, ''it was observed that the court did not assess appropriately the changes in our regulations and our defenses. Therefore, reasons of the decision are not sound.''
''The decision has not become certain yet. The sides have the right to apply to the Grand Chamber to appeal the decision. We will apply to the Grand Chamber in coming days,'' the statement added.
Earlier in the day, the ECHR ruled that Turkey had violated Articles 3, 5 and 6 of the European Convention on Human Rights about right to a fair trial, detention period and maltreatment during trial of Ocalan.
LAWYERS OF OCALAN LEAVE FOR IMRALI ISLAND
Four lawyers and brother of Abdullah Ocalan, the head of terrorist organization PKK, left for Imrali Island on Wednesday to meet with him after 14 weeks.
Lawyers Dogan Erbas, Irfan Dundar, Mahmut Vefa and Mahmut Sakar and Ocalan's brother Mehmet Ocalan could not go to the island due to bad weather conditions.
Meanwhile, lawyers of Ocalan refrained from making a statement about the decision of the ECHR.
(UK-AÖ) 12.03.2003