fbpx
Wikipedia

Trial of Abdullah Öcalan

October 28, 2023

The trial of Abdullah Öcalan, the leader of the Kurdistan Workers' Party (PKK), began on 31 May 1999 and concluded on 29 June with a Death sentence for treason and separatism. Öcalan was captured in February 1999 in Nairobi, Kenya and brought to Turkey where he was imprisoned on the İmralı island in the Sea of Marmara. After his conviction, Öcalan appealed to the European Court of Human Rights (ECHR), which ruled he did not have a fair trial and demanded a retrial. The death sentence was confirmed by the Court of Cassation in November 1999 and Turkey denied Öcalan a retrial. His death sentence was commuted into life imprisonment in October 2002.

Background edit

Turkey has issued seven arrest warrants for Abdullah Öcalan, including a red notice with the Interpol.[1] Öcalan was the leader of the PKK at the time, which had led an uprising against the Turkish Government demanding more political rights for the Kurdish population in Turkey.[2] Öcalan had lived several of the last twenty years in Syria,[1] which he had to leave on 9 October 1998 due to Turkish threats it would invade Syria in case he was allowed to stay.[3][4] After a short stay in Russia, where he was not granted political asylum by the Russian Government[5] he travelled to Italy[6] where he landed on 12 November 1998 at the airport in Rome.[7] Upon his arrival in Italy, he was arrested on grounds of having entered the country with a false passport[8][9] and a German arrest warrant.[10][11][9] The Turkish government requested the extradition of Öcalan from Italy,[12][5] where he applied for political asylum upon his arrival.[13] Italy did not extradite him to Germany, who refused to hold a trial on Öcalan in its country[14][5] worried that the sympathizers of the PKK could organize in protest or even self immolate themselves in Germany, just as it had happened in Italy and Russia.[11] The German chancellor Gerhard Schröder as well as the Minister of the Interior Otto Schily preferred that Öcalan would be tried by an unspecified "European Court".[7] Italy wouldn't extradite Öcalan to Turkey as well[13] and released him from house arrest on 17 December.[8] The Italian prime minister Massimo D'Alema announced it was contrary to Italian law to extradite someone to a country where the defendant is threatened with a capital punishment.[15] Human Rights Watch suggested to D'Alema that Öcalan be tried in a European country for the murders of Turkish teachers and Village Guards, which the PKK sees as collaborators or the Turkish authorities.[16] But Italy also didn't want Öcalan to stay, pulling several diplomatic strings to compel him to leave the country.[3] Italy accomplished this on 16 January 1999[17] when he departed to Nizhny Novgorod in hope to find a safe haven in Russia.[3] But in Russia Öcalan was not as welcomed as in October, and he had to wait for a week at the airport of Strigino International Airport in Nizhny Novgorod.[3] From Russia, he again traveled to Greece.[3] Greece diplomats attempted to achieve a refuge for him in a North-African country, but all offers where rejected by Öcalan.[18][9] Öcalan then attempted to travel to The Hague, to pursue a settlement of his legal situation at the International Criminal Court, but the Netherlands wouldn't let his plane land, sent him back to Greece, where he landed on the island Corfu in the Ionean Sea.[3] Öcalan then decided to fly to Nairobi on invitation of Greek diplomats.[19] At that time he was defended by Britta Böhler, a high-profile German attorney who argued that the crimes he was accused of would have to be proven in court and attempted to reach that the International Court in The Hague would assume the case.[20]

Arrest edit

On 15 February 1999, he was captured by a team of the Turkish Intelligence Service (MIT) in Nairobi, as he was on the way to a plane to the Netherlands.[21][22]

Pre-trial edit

After his capture he was brought to İmralı island in the Sea of Marmara,[23] on which he was to become the only prisoner.[24] A delegation of three Dutch lawyers who intended to defend him, were not allowed to meet with their client, detained for questioning at the airport on grounds they acted as "PKK militants" and sent back to the Netherlands.[19] In the first week of his detention, over a dozen lawyers sent by Öcalans family were denied the right to see him.[25] Öcalan was interrogated for ten days, without access to his lawyers.[23] A State Security Court consisting of one military and two civilian judges was tasked to try Öcalan.[26][27] On 21 February, the State Security Court of Ankara gained access to Abdullah Öcalan[28] and its prosecutor began to interrogate him.[29] On the 22 February he acknowledged of being the a founder and leader of the PKK which initially attempted to found an independent state but later focused on achieving better political and cultural rights for Turks and Kurds.[30] The following day, a judge accepted charges of treason and separatism with the prosecution aiming for the death penalty.[31]

On the 25 February, he was allowed to meet with two of his lawyers[25][32] and after one and a half month he was able to see members of his family.[33] Öcalan's lawyers questioned the fact that Öcalan was kept in detention under control of the General Staff and the Turkish special forces instead under the authority of the Ministry of Justice as according to Turkish law it should be.[34] During the interrogation he admitted to have employed some terrorist methods but also argued that if one would view it in context of the historical record of Turkey, it was clear Turkey employed many more terrorist methods.[35]

Between the 11 March and the 22 April Öcalan's lawyers were permitted to see their client for twelve meetings of a duration of about one hour.[36] On the 18 March his lawyers released a statement of their client in which he reasoned he would base his defense on the several cease-fires the PKK declared since the cease fire in 1993.[37] He had several cases open against him like one for participating in an interview of Med TV, in which he was prosecuted under Art. 125 of the Turkish Penal Code.[38] Two other cases were joined with the latter and the trial was set to take place in Ankara without the defendant.[38] On the 7 May, the lawyers of the defense were granted access to the case file of reportedly about seventeen-thousand pages but not provided with a copy of it.[25][36] The lawyers of the defense then used their own photocopier and needed until the 15 May until having copied the file by themselves.[25][36]

Hearings in Ankara edit

On 24 March 1999, the first hearing took place in Ankara. The Security Court determined the trial to take place on İmralı island despite the lawyers of the defense objections to the existing restrictions on meeting their client on the island.[39] On the 30 April the prosecutor issued a separate indictment which included all charges regarding the armed warfare of the PKK demanding a capital punishment for separatism and the court ordered the trial to begin on 31 May 1999.[40] The same day, the lawyers of Abdullah Öcalan were severely attacked by a mob and had to be treated in hospital.[41] Ahmet Zeki Okcukoğlu, the head of Öcalan defense team demanded observers for protection, else they would quit.[42] In the two hearings on the 24 March and the 30 April in Ankara, Öcalan did not take part in,[43] with the Turkish Government arguing it was for security reasons.[44]

Main trial on İmralı island edit

The trial on İmralı island was held between the 31 May 1999 and the 29 June 1999[30][25] and judges from the State Security Court of Ankara were chosen to hear the case.[45][46] Tight security measures were taken. For this trial a new courtroom was built[44][47] and Öcalan attended the trial in a bullet-proof glass case.[48][49][50] The island was placed within a military security zone.[51][25][34] Helicopters and warships maintained a security cordon around the island[52][24] and people who wanted to enter Mudanya on Turkey mainland (where the port for the boats to İmralı island is located), had to pass an identity check at the entrance of the town.[52] After Öcalan arrived on the island, many media organizations established a presence in the town of Mudanya,[53] but the two sole media organizations provided with unrestricted access to the trial were Anadolu and TRT from the Turkish Republic.[54] The other media present at the scene, both Turkish and International were only permitted to report on the proceedings after the end of each session.[54] The lawyers of the defense were to take a boat from Mudanya every day while the prosecutors lodged on the island.[55] Relatives of Turkish soldiers and victims of the Turkish-Kurdish conflict were permitted to be plaintiffs in the trial and take part in its hearings represented by lawyers.[56][57] Turkish disabled military personnel were also witnesses to the trial.[58]

Trial edit

The first day was marked with the call for an end of the armed conflict and a peaceful solution to the Kurdish issue in Turkey by Abdullah Öcalan,[52][59] as well as the withdrawal of the head of Öcalan's defense team, Ahmet Zeki Okcukoğlu who alleged his client rights to a fair trial were violated and that he did not want the death of Öcalan on his conscience.[60] Further on the lawyers of the defense demanded a delay of the proceedings due to their obstructed defense, a demand which was dismissed by the court.[60]

The second day, Öcalan assumed the main responsibility for the armed struggle of the PKK against the Turkish military.[54] But he denied having ordered the murders of the Swedish prime minister Olof Palme and of thirty three unarmed members of the Turkish army in 1993,[61][54][62] and deferred an eventual responsibility of those deaths to renegade members of the PKK.[48][54]

On the third day of the trial, a judge was moved to tears as he heard the accounts by a widow of a Turkish soldier.[63] Following the witnesses account, several of the Turkish soldiers relatives in the courtroom shouted "execute him".[63] The presiding judge Turgut Okyay demanded that the lawyers prepare for their final statements for the trial the next day.[63]

On the 3 June the lawyers of the defense did not attend as they were banned from staying from any hotel near the İmralı island and therefore boycotted the trial.[64]

On the 4 June, the defense team requested that Tansu Çiller and Jalal Talabani,[55] as well as relatives of Kurdish militants could have a stand in court, a demand which was denied by the judges and met with fierce resistance by the relatives of Turkish soldiers sitting in the courtroom.[57] Soldiers had to step in and protect the lawyers of the defense from angry spectators to trial.[57] The trial was adjourned until next week due this confrontation.[57] As the trial paused for a few days, lawyers representing the relatives of Turkish soldiers, attempted to file lawsuits against Öcalan's lawyers alleging they supported the PKK by accusing Turkey for also being responsible for the deaths in the Turkish-Kurdish conflict.[65] As the trial resumed, the prosecution again demanded the execution of Abdullah Öcalan while the court adjourned the trial for another fifteen days.[65]

On 18 June 1999 the Grand National Assembly of Turkey voted to remove military judges from the State Security Courts in an attempt to address criticism from the European Court of Human Rights.[66] After the Turkish Constitution was adapted accordingly,[46] a civilian judge who had observed the trial as a substitute,[66][46] replaced the military judge.[26][46] As the trial resumed on 23 June, the lawyers demanded a suspension of trial due to the new composition of the court, a request which was denied.[67]

Arguments by the prosecution edit

The prosecution held Öcalan responsible for the deaths during the Kurdish Turkish conflict.[30] Further it alleged that Öcalan had accepted his responsibility as the leader and founder of the PKK. It argued that there was no Turkish-Kurdish enmity as Öcalan claimed, nor that Turkey oppressed or denied the Kurds, except in the case of Kurdish rebellions which were subdued successfully.[68] It further accused the PKK of specifically targeting the pro-Government Village Guards which were recruited of Kurds. The prosecution demanded the death sentence according to Art. 125.[69]

Arguments by the defense edit

The lawyers of Abdullah Öcalan claimed Öcalan personally did not participate in any terrorist activities and wanted him to be sentenced to not more than 30 years in prison for forming an armed gang according to Art. 168/1.[70] Öcalan himself did not focus much on a legal defense but on a political one,[71] assumed responsibility for his actions and demanded his inclusion in an eventual peace process for the Kurdish-Turkish conflict.[69] He admitted that he was influenced by the findings on self-determination, independence and autonomy from Leslie Lipson[72] and that at the time of the trial saw himself more influenced by the democracies experienced in the United States and the United Kingdom which he saw the victorious powers in the struggle with communism.[73] In his final statement, Öcalan encouraged Turkey to take a more constructive approach to the conflict like allowing broadcasts and education in Kurdish language.[67]

Sentence edit

On the 29 June 1999, Öcalan was sentenced to death[74][75] according to Art. 125 of the Turkish Penal Code and banned from holding public office for life.[76] His personal belongings of which he was dispossessed, namely a Rayban sunglasses, a Zenith watch, a tie and a leather belt were ordered to be returned.[76] The sentence was read out by the Judge Turgut Okyay and broadcast live on TRT.[27] The 29 of June is the anniversary of the hanging of Sheikh Said, the leader of a Kurdish rebellion in 1925.[75]

Appeal before the Court of Cassation in Turkey edit

By October 1999, Öcalans lawyers appealed before the Court of Cassation, demanding the commutation of the death sentence, arguing their client should have been tried by a different article of the Turkish Penal Code, with which the death penalty would not be able to be applied.[77] The Court of Cassation confirmed the death sentence on 25 November 1999.[78][79]

Commutation of the sentence edit

Upon the abolition of the death penalty in Turkey in August 2002,[80] in October of the same year the security court commuted his death sentence to life imprisonment.[81]

Reactions to the death sentence edit

International edit

On the same day, Amnesty international demanded a re-trial[82] and in August 1999 published a special issue on the trial called "Death sentence after unfair trial" showing the trials deficiencies.[41][83] Also in June 1999, Human Rights Watch (HRW) questioned the fact that witnesses brought by the defense were not heard in trial[84] while Asma Jahangir the UN Special Rapporteur on extrajudicial, summary and arbitrary executions, stated that the verdict of a death sentence after a trial in which the fair standards were not respected violated the rights of life.[85]

Domestic edit

In early July 1999, the Turkish Parliament discussed a so-called Repentance Bill which would commute Öcalans death sentence to a 20-year imprisonment and allow PKK militants to surrender with a limited amnesty, but it didn't pass due to resistance from the far-right around the Nationalist Movement Party (MHP).[86] Following the confirmation of the death sentence on the 25 November 1999, crowds marched towards the Turkish Parliament demanding their approval of the death sentence, which is necessary according to Turkish law.[79] Several protests in support of the death sentence were organized during which puppets of Öcalan were hung in front of cameras and on one occasion, a disabled veteran hurled a prosthetic leg towards the prime minister.[87] In January 2000 the Turkish government declared the death sentence was delayed until European Court of Human Rights (ECHR) reviewed the verdict[88] and in 2002 the death penalty was commuted to an aggravated life sentence.[87]

Appeal before the European Court of Human Rights edit

In an attempt to reach a more favorable verdict, Öcalan appealed to the ECHR at Strasbourg, which accepted the case in November 2000.[89] He was represented by a team headed by Hasip Kaplan, while Francis Szpiner lead the lawyers of the Turkish Government.[90] Sydney Kentridge, Gareth Peirce and Aysel Tuğluk were also among the lawyers who represented Öcalan.[91] In March 2003, the ECHR delivered a verdict stating that Öcalan was not tried by an independent and impartial court but dismissing claims that his detention conditions were inhumane or that his detention in Kenya violated his rights.[92] Following an appeal, the Grand Chamber of the ECHR presided by Luzius Wildhaber,[93] ruled that Turkey had violated articles 3, 5, and 6 of the European Convention of Human Rights by refusing to allow Öcalan to appeal his arrest and by sentencing him to death without a fair trial in 2005.[93][94] On his detention in Kenya by Turkish authorities, Öcalan reasoned Art. 5 of the ECHR was violated since Turkey did not possess jurisdiction in Kenya, nor was he able to challenge his extradition.[95] He also didn't accept to be seen as a terrorist, that his extradition a lawful cooperation between two states in their fight against terrorism[95] nor that the way he was brought to Turkey was in accordance to Art. 3 of the ECHR.[96] The court found that in lack of jurisdiction no rights were violated during his detention in Kenya since a Kenyan police officer drove Öcalan towards the Turkish airplane[95] and Kenyan and Turkish authorities appeared to have cooperated without having an extradition treaty in place.[94] Regrading the involvement of a military judge in the trial which was defended by Turkey as a civilian judge has eventually replaced the military before the sentence was delivered, the ECHR maintained that the court sentencing Öcalan should have been independent at all times and it did not matter on what stage of the trial the military judge was replaced.[94] Following the ECHR ruling, Öcalan's requested for a retrial in Turkey in 2006, which was refused by Turkish courts in 2007 on grounds that a retrial would not alter the verdict.[97] The Turkish Government alleged that the Council of Europes deputy ministers agreed upon that Turkey had sufficiently satisfied the demands of the ECHR ruling.[97] This decision was defended by the Turkish Justice Minister Sadullah Ergin again in March 2013.[98]

Aftermath edit

In November 2011, 46 lawyers who had represented Öcalan were detained.[99] In 2013 they were put on trial in Turkey, accused of being part of a "leadership committee" headed by Öcalan. Their prolonged pre-trial detention was due to frequent adjournments. British barrister Margaret Owen described this "purely political trial" as "Kafkaesque".[100] Examples of the evidence against Öcalan's lawyers the prosecution provided are owning a book of Abdullah Öcalan or illegally wiretapped telephone conversations which included mentions of Öcalan or İmralı, the name of the island Öcalan is imprisoned.[100] Other evidences included photographs depicting a defendant walking near an Internet café.[100] During the deliberations the defendants have also quoted Aristotle and William Shakespeare.[99]

References edit

  1. ^ a b Trilsch, Mirja; Rüth, Alexandra (2006). "Öcalan v. Turkey. App. no. 46221/99". The American Journal of International Law. 100 (1): 180. doi:10.2307/3518836. ISSN 0002-9300. JSTOR 3518836. S2CID 147039675.
  2. ^ Trilsch, Mirja; Rüth, Alexandra (2006), p.184
  3. ^ a b c d e f Boudreaux, Richard (19 February 1999). "A Most Unwanted Man". Los Angeles Times. Retrieved 11 July 2021.
  4. ^ Boudreaux, Richard (19 February 1999). "A Man Without a Country / How Europe slammed its doors on most-wanted rebel". SFGATE. Retrieved 11 July 2021.
  5. ^ a b c Liel, Alon; Liel (2001). Turkey in the Middle East: Oil, Islam, and Politics. Lynne Rienner Publishers. p. 236. ISBN 978-1-55587-909-9.
  6. ^ "Ocalan presumed hiding in Russia". news.bbc.co.uk. BBC. 3 February 1999. Retrieved 18 May 2021.
  7. ^ a b Traynor, Ian (28 November 1998). "Italy 'may expel Kurd leader'". The Guardian. Retrieved 15 February 2021.
  8. ^ a b Stanley, Alessandra (17 December 1998). "Italy Ending House Arrest Of Rebel Chief Of the Kurds". The New York Times. ISSN 0362-4331. Retrieved 18 May 2021.
  9. ^ a b c Kelly, Michael J. "Cheating justice by cheating death" (PDF). Arizona Journal of International & Comparative Law: 510.
  10. ^ Gilbert, Geoff (September 1999). "The Arrest of Abdullah Öcalan". Leiden Journal of International Law. 12 (3): 565–574. doi:10.1017/S092215659900028X. ISSN 1478-9698. S2CID 145132643.
  11. ^ a b Mascolo, Georg (22 November 1998). "Wohin mit Öcalan?". Der Spiegel (in German). ISSN 2195-1349. Retrieved 22 November 2021.
  12. ^ Italian diplomacy tries to free herself from the tangle in which it is located, between Turks and Kurds, " internationalizing " the crisis:Buonomo, Giampiero (2000). . Diritto&Giustizia Edizione Online. Archived from the original on 24 March 2016. Retrieved 16 March 2016.[dead link]
  13. ^ a b Refugees, United Nations High Commissioner for. "Refworld | Amnesty International Report 1999 - Italy". Refworld. Retrieved 17 October 2020.
  14. ^ Gökkaya, Hasan (15 February 2019). "Der mächtigste Häftling der Türkei". Die Zeit. Retrieved 17 October 2020.
  15. ^ Stanley, Alessandra (21 November 1998). "Italy Rejects Turkey's Bid For the Extradition of Kurd (Published 1998)". The New York Times. ISSN 0362-4331. Retrieved 17 October 2020.
  16. ^ McKiernan, Kevin (1 March 1999). "Turkey's War on the Kurds". Bulletin of the Atomic Scientists. 55 (2): 26–37. doi:10.2968/055002008. ISSN 0096-3402.
  17. ^ Gunter, Michael M. (2000). "The Continuing Kurdish Problem in Turkey after Öcalan's Capture". Third World Quarterly. 21 (5): 850. doi:10.1080/713701074. ISSN 0143-6597. JSTOR 3993622. S2CID 154977403 – via JSTOR.
  18. ^ Kelly, Michael J. (3 August 2006). "Case studies *Ripe" for the International Criminal Court: Practical applications for the Pinochet, Ocalan and Libyan Bomber Trials". Journal of International Law. Rochester, NY: 32. SSRN 920945 – via Heinonline.
  19. ^ a b Zaman, Amberin (18 February 1999). "Washingtonpost.com: Turkey Celebrates Capture of Ocalan". The Washington Post. Retrieved 17 December 2020.
  20. ^ Hetzel, Helmut (3 February 1999). "Von der RAF-Sympathisantin zur Anwältin Öcalans". Die Welt. Retrieved 6 March 2020.
  21. ^ Weiner, Tim (20 February 1999). "U.S. Helped Turkey Find and Capture Kurd Rebel". The New York Times. ISSN 0362-4331. Retrieved 19 May 2021.
  22. ^ "Ocalan interpreter tells how trap was set". The Irish Times. 20 February 1999. Retrieved 19 May 2021.
  23. ^ a b "Abdullah Öcalan v. Turkey, Working Group on Arbitrary Detention, U.N. Doc. E/CN.4/2001/14/Add.1 at 46 (1999)". hrlibrary.umn.edu. 1999. Retrieved 11 September 2020.
  24. ^ a b Morris, Chris (20 February 1999). "Turkey makes sure its prison island is deserted for a new Kurdish inmate". The Guardian. Retrieved 23 May 2021.
  25. ^ a b c d e f Mowbray, Alastair R. (2007). Cases and Materials on the European Convention on Human Rights. Oxford University Press. pp. 129–130. ISBN 978-0-19-920674-2.
  26. ^ a b Chiapetta, Hanz (April 2001). "Rome, 11/15/1998: Extradition or Political Asylum for the Kurdistan Workers Party's Leader Abdullah Ocalan?" (PDF). Pace International Law Review. 13: 145. doi:10.58948/2331-3536.1206. S2CID 152396575.
  27. ^ a b Hacaoglu, Selcan (29 June 1999). "The Argus-Press – Google News Archive Search". Argus Press. Retrieved 24 May 2016.
  28. ^ Mowbray, Alastair R. (2007). p.129
  29. ^ "Death sentence after unfair trial: The case of Abdullah Öcalan" (PDF). Amnesty International. (August 1999). p.10
  30. ^ a b c Parliamentary Assembly Documents 1999 Ordinary Session (fourth part, September 1999), Volume VII. Council of Europe. p. 15. ISBN 978-92-871-4139-2.
  31. ^ "Ocalan charged with treason". news.bbc.co.uk. BBC. 23 February 1999. Retrieved 20 May 2021.
  32. ^ "Ocalan sees lawyers". news.bbc.co.uk. BBC. 25 February 1999. Retrieved 25 May 2021.
  33. ^ "Death sentence after unfair trial: The case of Abdullah Öcalan" (PDF). Amnesty International. August 1999. p.9
  34. ^ a b "Death sentence after unfair trial: The case of Abdullah Öcalan" (PDF). Amnesty International. August 1999. p.8
  35. ^ Gunter, Michael (2000). "Third World Quarterly, Vol 21, No 5. p.852
  36. ^ a b c International Legal Materials. (2003),p. 263
  37. ^ "Ocalan to base defense on request for cease-fire". edition.cnn.com. 18 March 1999. Retrieved 28 May 2021.
  38. ^ a b "Death sentence after unfair trial: The case of Abdullah Öcalan" (PDF). Amnesty International. August 1999. p.6
  39. ^ "Prison island trial for Ocalan". news.bbc.co.uk. Retrieved 20 December 2021.
  40. ^ "Death sentence after unfair trial: The case of Abdullah Öcalan" (PDF). Amnesty International. pp. 6–7.
  41. ^ a b Laizer, Sheri (1999). "Abdullah Ocalan: A plea for justice". Socialist Lawyer (31): 6–8. ISSN 0954-3635. JSTOR 42949064 – via JSTOR.
  42. ^ "Ocalan lawyers threaten to quit". news.bbc.co.uk. BBC. 5 May 1999. Retrieved 16 May 2021.
  43. ^ Mowbray, Alastair R. (2007), p.130
  44. ^ a b "Prison island trial for Ocalan". news.bbc.co.uk. BBC. 24 March 1999. Retrieved 26 May 2021.
  45. ^ "Human Rights Watch: Ocalan Trial Monitor". www.hrw.org. Human Rights Watch. Retrieved 11 September 2020.
  46. ^ a b c d Mowbray, Alastair (2006). "Military Judges and the Right to a Fair Trial". Human Rights Law Review. 6 (1): 176–183. doi:10.1093/hrlr/ngi039 – via Oxford Academic.
  47. ^ "Charges mount against Ocalan". news.bbc.co.uk. BBC. 24 April 1999. Retrieved 26 May 2021.
  48. ^ a b "Ocalan Denies Murder Charges". www.cbsnews.com. CBS. June 1999. Retrieved 20 May 2021.
  49. ^ Aciksoz, Salih Can (2020). "5. Prosthetic Revenge". Sacrificial Limbs. University of California Press. p. 141. doi:10.1525/9780520973350-010. S2CID 240664047 – via De Gruyter.
  50. ^ Marcus, Aliza (Fall 1999). "The Trial of Ocalan". Dissent Magazine. Retrieved 25 May 2021.
  51. ^ "DFR - EGMR 46221/99 - Öcalan v. Turkey". www.servat.unibe.ch. Retrieved 25 May 2021.
  52. ^ a b c "Ocalan trial resumes in Turkey". edition.cnn.com. CNN. 1 June 1999. Retrieved 25 May 2021.
  53. ^ King, Laura (1 March 1999). "Ocalan Affecting Turkish Town". Associated Press. Retrieved 9 June 2021.
  54. ^ a b c d e "Ocalan denies role in key rebel actions, Palme assassination". edition.cnn.com. CNN. 1 June 1999. Retrieved 20 May 2021.
  55. ^ a b "Death sentence after unfair trial: The case of Abdullah Öcalan" (PDF). Amnesty International. August 1999. p.22
  56. ^ "Death sentence after unfair trial: The case of Abdullah Öcalan" (PDF). Amnesty International. August 1999. pp.6-7
  57. ^ a b c d "High drama at Ocalan trial". news.bbc.co.uk. BBC. 4 June 1999. Retrieved 20 May 2021.
  58. ^ Aciksoz, Salih Can (2020), pp.142–143
  59. ^ "BBC News | Europe | Ocalan urges end to fighting". news.bbc.co.uk. Retrieved 20 May 2021.
  60. ^ a b "Ocalan faces Turkish justice". news.bbc.co.uk. BBC. 31 May 1999. Retrieved 20 May 2021.
  61. ^ "Ocalan: Greeks supplied Kurdish rebels". news.bbc.co.uk. BBC. 1 June 1999. Retrieved 20 May 2021.
  62. ^ "Turkish prosecutors rest case, demand that Ocalan hang". edition.cnn.com. CNN. 8 June 1999. Retrieved 25 May 2021.
  63. ^ a b c "Ocalan judge moved to tears". news.bbc.co.uk. BBC. 2 June 1999. Retrieved 20 May 2021.
  64. ^ "Ocalan lawyers boycott trial". news.bbc.co.uk. 3 June 1999. Retrieved 20 May 2021.
  65. ^ a b "Ocalan - new execution demand". news.bbc.co.uk. BBC. Retrieved 20 May 2021.
  66. ^ a b Ulman, Seva (18 June 1999). "Military judge dumped from Ocalan trial". United Press International. Retrieved 25 May 2021.
  67. ^ a b "Ocalan speaks of peace". news.bbc.co.uk. BBC. 23 June 1999. Retrieved 20 May 2021.
  68. ^ Parliamentary Assembly Documents 1999 Ordinary Session (fourth part, September 1999), Volume VII. Council of Europe. p. 16. ISBN 978-92-871-4139-2.
  69. ^ a b Parliamentary Assembly Documents 1999 Ordinary Session (fourth part, September 1999), Volume VII. Council of Europe. p. 17. ISBN 978-92-871-4139-2.
  70. ^ Parliamentary Assembly Documents 1999 Ordinary Session (fourth part, September 1999), Volume VII. Council of Europe. p. 18. ISBN 978-92-871-4139-2.
  71. ^ Gunter, Michael (2000). "The continuing Kurdish problem in Turkey after Öcalans capture" (PDF). Third World Quarterly. 21 (5): 854–855. doi:10.1080/713701074. S2CID 154977403.
  72. ^ Gunter, Michael M. (2000). pp.854–855
  73. ^ Gunter, Michael M. (2000). p.855
  74. ^ Gunter, Michael M. (2000). p.854
  75. ^ a b Aciksoz, Salih Can (2020), p.144
  76. ^ a b "Text of the Ocalan verdict". BBC. 29 June 1999. Retrieved 23 May 2021.
  77. ^ "Decision on Ocalan appeal delayed". news.bbc.co.uk. BBC. 21 October 1999. Retrieved 20 May 2021.
  78. ^ "European Court of Human Rights (ECHR): Öcalan v. Turkey". International Legal Materials. 42 (2), (2003) : p.265.
  79. ^ a b "Ocalan death sentence upheld". news.bbc.co.uk. BBC. 25 November 1999. Retrieved 20 May 2021.
  80. ^ "Turkey abolishes death penalty". The Independent. 3 August 2002.
  81. ^ Luban, David (11 July 2014). International and Transnational Criminal Law. Wolters Kluwer Law & Business. ISBN 978-1-4548-4850-9.
  82. ^ "Amnesty International calls for a retrial of PKK leader Abdullah Öcalan" (PDF). Amnesty International. 29 June 1999. Retrieved 11 September 2020.
  83. ^ "Death sentence after unfair trial: The case of Abdullah Öcalan" (PDF). Amnesty International. August 1999.
  84. ^ Hacaoglu, Selcan (29 June 1999). "The Argus-Press – Google News Archive Search". Retrieved 24 May 2016.
  85. ^ "Death sentence after unfair trial: The case of Abdullah Öcalan" (PDF). Amnesty International. August 1999. p.2
  86. ^ "Bill to spare life of Ocalan withdrawn by Ecevit". The Irish Times. Retrieved 10 March 2020.
  87. ^ a b Aciksoz, Salih Can (2020), p.145
  88. ^ . CNN. 12 January 2000. Archived from the original on 26 May 2006.
  89. ^ "Ocalan appeals death sentence to European Court of Human Rights". 21 November 2000. {{cite journal}}: Cite journal requires |journal= (help)
  90. ^ "European Court of Human Rights (ECHR): Öcalan v. Turkey". International Legal Materials. 42 (2): 257–308. 12 March 2003. doi:10.1017/S0020782900021173. ISSN 0020-7829. JSTOR 20694349. S2CID 232253251 – via JSTOR.
  91. ^ International Legal Materials. (2003) pp. 257, 259.
  92. ^ "Turkey's Ocalan trial 'unfair'". 12 March 2003. Retrieved 20 May 2021.
  93. ^ a b "HUDOC Search Page". Retrieved 23 January 2015.
  94. ^ a b c Trilsch, Mirja; Rüth, Alexandra (2006). pp.181–182
  95. ^ a b c Künzli, Annemarieke (2004). "Öcalan v. Turkey: Some Comments". Leiden Journal of International Law. 17 (1): 143. doi:10.1017/S0922156504001645. ISSN 1478-9698. S2CID 202244674.
  96. ^ Künzli, Annemarieke (2004).p.147
  97. ^ a b "Press Release Regarding the Judgment of the European Court of Human Rights (ECtHR) by Convict Abdullah Öcalan". Turkish Ministry of Foreign Affairs. 14 February 2007. Retrieved 1 June 2021.
  98. ^ "There will absolutely be no retrial for Abdullah Öcalan". Daily Sabah. 29 March 2013. Retrieved 1 June 2021.
  99. ^ a b Fisher, Tony (28 March 2013). "Trial Observation Report". Law Society of England and Wales.
  100. ^ a b c Owen, Margaret (2013). "First Hand Account of the Fifth Hearing of the Kurdish Lawyers' Trial Held in the Silivri Prison Courtroom, outside Istanbul, on 20 June 2013". New Journal of European Criminal Law. 4 (3): 212–214. doi:10.1177/203228441300400304. S2CID 157082264.

Further reading edit

  • Mowbray, A. (2006). "Military Judges and the Right to a Fair Trial". Human Rights Law Review. 6 (1): 176–183. doi:10.1093/hrlr/ngi039.
  • Gilbert, Geoff (1999). "The Arrest of Abdullah Ocalan". Leiden Journal of International Law. 12 (3): 565–574. doi:10.1017/S092215659900028X. S2CID 145132643.
  • "Ocalan v. Turkey". Human Rights Case Digest. 10 (1–3): 42–43. 1999. doi:10.1163/15718139920616876.
  • Chiappetta, Hanz (2001). "Rome, 11/15/1998: Extradition or Political Asylum for the Kurdistan Workers Party's Leader Abdullah Ocalan". Pace International Law Review. 13: 117. doi:10.58948/2331-3536.1206. S2CID 152396575.

October 28, 2023
trial, abdullah, öcalan, trial, abdullah, öcalan, leader, kurdistan, workers, party, began, 1999, concluded, june, with, death, sentence, treason, separatism, öcalan, captured, february, 1999, nairobi, kenya, brought, turkey, where, imprisoned, imralı, island,. The trial of Abdullah Ocalan the leader of the Kurdistan Workers Party PKK began on 31 May 1999 and concluded on 29 June with a Death sentence for treason and separatism Ocalan was captured in February 1999 in Nairobi Kenya and brought to Turkey where he was imprisoned on the Imrali island in the Sea of Marmara After his conviction Ocalan appealed to the European Court of Human Rights ECHR which ruled he did not have a fair trial and demanded a retrial The death sentence was confirmed by the Court of Cassation in November 1999 and Turkey denied Ocalan a retrial His death sentence was commuted into life imprisonment in October 2002 Contents 1 Background 1 1 Arrest 2 Pre trial 2 1 Hearings in Ankara 3 Main trial on Imrali island 3 1 Trial 3 1 1 Arguments by the prosecution 3 1 2 Arguments by the defense 3 2 Sentence 3 3 Appeal before the Court of Cassation in Turkey 3 4 Commutation of the sentence 4 Reactions to the death sentence 4 1 International 4 2 Domestic 5 Appeal before the European Court of Human Rights 6 Aftermath 7 References 8 Further readingBackground editTurkey has issued seven arrest warrants for Abdullah Ocalan including a red notice with the Interpol 1 Ocalan was the leader of the PKK at the time which had led an uprising against the Turkish Government demanding more political rights for the Kurdish population in Turkey 2 Ocalan had lived several of the last twenty years in Syria 1 which he had to leave on 9 October 1998 due to Turkish threats it would invade Syria in case he was allowed to stay 3 4 After a short stay in Russia where he was not granted political asylum by the Russian Government 5 he travelled to Italy 6 where he landed on 12 November 1998 at the airport in Rome 7 Upon his arrival in Italy he was arrested on grounds of having entered the country with a false passport 8 9 and a German arrest warrant 10 11 9 The Turkish government requested the extradition of Ocalan from Italy 12 5 where he applied for political asylum upon his arrival 13 Italy did not extradite him to Germany who refused to hold a trial on Ocalan in its country 14 5 worried that the sympathizers of the PKK could organize in protest or even self immolate themselves in Germany just as it had happened in Italy and Russia 11 The German chancellor Gerhard Schroder as well as the Minister of the Interior Otto Schily preferred that Ocalan would be tried by an unspecified European Court 7 Italy wouldn t extradite Ocalan to Turkey as well 13 and released him from house arrest on 17 December 8 The Italian prime minister Massimo D Alema announced it was contrary to Italian law to extradite someone to a country where the defendant is threatened with a capital punishment 15 Human Rights Watch suggested to D Alema that Ocalan be tried in a European country for the murders of Turkish teachers and Village Guards which the PKK sees as collaborators or the Turkish authorities 16 But Italy also didn t want Ocalan to stay pulling several diplomatic strings to compel him to leave the country 3 Italy accomplished this on 16 January 1999 17 when he departed to Nizhny Novgorod in hope to find a safe haven in Russia 3 But in Russia Ocalan was not as welcomed as in October and he had to wait for a week at the airport of Strigino International Airport in Nizhny Novgorod 3 From Russia he again traveled to Greece 3 Greece diplomats attempted to achieve a refuge for him in a North African country but all offers where rejected by Ocalan 18 9 Ocalan then attempted to travel to The Hague to pursue a settlement of his legal situation at the International Criminal Court but the Netherlands wouldn t let his plane land sent him back to Greece where he landed on the island Corfu in the Ionean Sea 3 Ocalan then decided to fly to Nairobi on invitation of Greek diplomats 19 At that time he was defended by Britta Bohler a high profile German attorney who argued that the crimes he was accused of would have to be proven in court and attempted to reach that the International Court in The Hague would assume the case 20 Arrest edit On 15 February 1999 he was captured by a team of the Turkish Intelligence Service MIT in Nairobi as he was on the way to a plane to the Netherlands 21 22 Pre trial editAfter his capture he was brought to Imrali island in the Sea of Marmara 23 on which he was to become the only prisoner 24 A delegation of three Dutch lawyers who intended to defend him were not allowed to meet with their client detained for questioning at the airport on grounds they acted as PKK militants and sent back to the Netherlands 19 In the first week of his detention over a dozen lawyers sent by Ocalans family were denied the right to see him 25 Ocalan was interrogated for ten days without access to his lawyers 23 A State Security Court consisting of one military and two civilian judges was tasked to try Ocalan 26 27 On 21 February the State Security Court of Ankara gained access to Abdullah Ocalan 28 and its prosecutor began to interrogate him 29 On the 22 February he acknowledged of being the a founder and leader of the PKK which initially attempted to found an independent state but later focused on achieving better political and cultural rights for Turks and Kurds 30 The following day a judge accepted charges of treason and separatism with the prosecution aiming for the death penalty 31 On the 25 February he was allowed to meet with two of his lawyers 25 32 and after one and a half month he was able to see members of his family 33 Ocalan s lawyers questioned the fact that Ocalan was kept in detention under control of the General Staff and the Turkish special forces instead under the authority of the Ministry of Justice as according to Turkish law it should be 34 During the interrogation he admitted to have employed some terrorist methods but also argued that if one would view it in context of the historical record of Turkey it was clear Turkey employed many more terrorist methods 35 Between the 11 March and the 22 April Ocalan s lawyers were permitted to see their client for twelve meetings of a duration of about one hour 36 On the 18 March his lawyers released a statement of their client in which he reasoned he would base his defense on the several cease fires the PKK declared since the cease fire in 1993 37 He had several cases open against him like one for participating in an interview of Med TV in which he was prosecuted under Art 125 of the Turkish Penal Code 38 Two other cases were joined with the latter and the trial was set to take place in Ankara without the defendant 38 On the 7 May the lawyers of the defense were granted access to the case file of reportedly about seventeen thousand pages but not provided with a copy of it 25 36 The lawyers of the defense then used their own photocopier and needed until the 15 May until having copied the file by themselves 25 36 Hearings in Ankara edit On 24 March 1999 the first hearing took place in Ankara The Security Court determined the trial to take place on Imrali island despite the lawyers of the defense objections to the existing restrictions on meeting their client on the island 39 On the 30 April the prosecutor issued a separate indictment which included all charges regarding the armed warfare of the PKK demanding a capital punishment for separatism and the court ordered the trial to begin on 31 May 1999 40 The same day the lawyers of Abdullah Ocalan were severely attacked by a mob and had to be treated in hospital 41 Ahmet Zeki Okcukoglu the head of Ocalan defense team demanded observers for protection else they would quit 42 In the two hearings on the 24 March and the 30 April in Ankara Ocalan did not take part in 43 with the Turkish Government arguing it was for security reasons 44 Main trial on Imrali island editThe trial on Imrali island was held between the 31 May 1999 and the 29 June 1999 30 25 and judges from the State Security Court of Ankara were chosen to hear the case 45 46 Tight security measures were taken For this trial a new courtroom was built 44 47 and Ocalan attended the trial in a bullet proof glass case 48 49 50 The island was placed within a military security zone 51 25 34 Helicopters and warships maintained a security cordon around the island 52 24 and people who wanted to enter Mudanya on Turkey mainland where the port for the boats to Imrali island is located had to pass an identity check at the entrance of the town 52 After Ocalan arrived on the island many media organizations established a presence in the town of Mudanya 53 but the two sole media organizations provided with unrestricted access to the trial were Anadolu and TRT from the Turkish Republic 54 The other media present at the scene both Turkish and International were only permitted to report on the proceedings after the end of each session 54 The lawyers of the defense were to take a boat from Mudanya every day while the prosecutors lodged on the island 55 Relatives of Turkish soldiers and victims of the Turkish Kurdish conflict were permitted to be plaintiffs in the trial and take part in its hearings represented by lawyers 56 57 Turkish disabled military personnel were also witnesses to the trial 58 Trial edit The first day was marked with the call for an end of the armed conflict and a peaceful solution to the Kurdish issue in Turkey by Abdullah Ocalan 52 59 as well as the withdrawal of the head of Ocalan s defense team Ahmet Zeki Okcukoglu who alleged his client rights to a fair trial were violated and that he did not want the death of Ocalan on his conscience 60 Further on the lawyers of the defense demanded a delay of the proceedings due to their obstructed defense a demand which was dismissed by the court 60 The second day Ocalan assumed the main responsibility for the armed struggle of the PKK against the Turkish military 54 But he denied having ordered the murders of the Swedish prime minister Olof Palme and of thirty three unarmed members of the Turkish army in 1993 61 54 62 and deferred an eventual responsibility of those deaths to renegade members of the PKK 48 54 On the third day of the trial a judge was moved to tears as he heard the accounts by a widow of a Turkish soldier 63 Following the witnesses account several of the Turkish soldiers relatives in the courtroom shouted execute him 63 The presiding judge Turgut Okyay demanded that the lawyers prepare for their final statements for the trial the next day 63 On the 3 June the lawyers of the defense did not attend as they were banned from staying from any hotel near the Imrali island and therefore boycotted the trial 64 On the 4 June the defense team requested that Tansu Ciller and Jalal Talabani 55 as well as relatives of Kurdish militants could have a stand in court a demand which was denied by the judges and met with fierce resistance by the relatives of Turkish soldiers sitting in the courtroom 57 Soldiers had to step in and protect the lawyers of the defense from angry spectators to trial 57 The trial was adjourned until next week due this confrontation 57 As the trial paused for a few days lawyers representing the relatives of Turkish soldiers attempted to file lawsuits against Ocalan s lawyers alleging they supported the PKK by accusing Turkey for also being responsible for the deaths in the Turkish Kurdish conflict 65 As the trial resumed the prosecution again demanded the execution of Abdullah Ocalan while the court adjourned the trial for another fifteen days 65 On 18 June 1999 the Grand National Assembly of Turkey voted to remove military judges from the State Security Courts in an attempt to address criticism from the European Court of Human Rights 66 After the Turkish Constitution was adapted accordingly 46 a civilian judge who had observed the trial as a substitute 66 46 replaced the military judge 26 46 As the trial resumed on 23 June the lawyers demanded a suspension of trial due to the new composition of the court a request which was denied 67 Arguments by the prosecution edit The prosecution held Ocalan responsible for the deaths during the Kurdish Turkish conflict 30 Further it alleged that Ocalan had accepted his responsibility as the leader and founder of the PKK It argued that there was no Turkish Kurdish enmity as Ocalan claimed nor that Turkey oppressed or denied the Kurds except in the case of Kurdish rebellions which were subdued successfully 68 It further accused the PKK of specifically targeting the pro Government Village Guards which were recruited of Kurds The prosecution demanded the death sentence according to Art 125 69 Arguments by the defense edit The lawyers of Abdullah Ocalan claimed Ocalan personally did not participate in any terrorist activities and wanted him to be sentenced to not more than 30 years in prison for forming an armed gang according to Art 168 1 70 Ocalan himself did not focus much on a legal defense but on a political one 71 assumed responsibility for his actions and demanded his inclusion in an eventual peace process for the Kurdish Turkish conflict 69 He admitted that he was influenced by the findings on self determination independence and autonomy from Leslie Lipson 72 and that at the time of the trial saw himself more influenced by the democracies experienced in the United States and the United Kingdom which he saw the victorious powers in the struggle with communism 73 In his final statement Ocalan encouraged Turkey to take a more constructive approach to the conflict like allowing broadcasts and education in Kurdish language 67 Sentence edit On the 29 June 1999 Ocalan was sentenced to death 74 75 according to Art 125 of the Turkish Penal Code and banned from holding public office for life 76 His personal belongings of which he was dispossessed namely a Rayban sunglasses a Zenith watch a tie and a leather belt were ordered to be returned 76 The sentence was read out by the Judge Turgut Okyay and broadcast live on TRT 27 The 29 of June is the anniversary of the hanging of Sheikh Said the leader of a Kurdish rebellion in 1925 75 Appeal before the Court of Cassation in Turkey edit By October 1999 Ocalans lawyers appealed before the Court of Cassation demanding the commutation of the death sentence arguing their client should have been tried by a different article of the Turkish Penal Code with which the death penalty would not be able to be applied 77 The Court of Cassation confirmed the death sentence on 25 November 1999 78 79 Commutation of the sentence edit Upon the abolition of the death penalty in Turkey in August 2002 80 in October of the same year the security court commuted his death sentence to life imprisonment 81 Reactions to the death sentence editInternational edit On the same day Amnesty international demanded a re trial 82 and in August 1999 published a special issue on the trial called Death sentence after unfair trial showing the trials deficiencies 41 83 Also in June 1999 Human Rights Watch HRW questioned the fact that witnesses brought by the defense were not heard in trial 84 while Asma Jahangir the UN Special Rapporteur on extrajudicial summary and arbitrary executions stated that the verdict of a death sentence after a trial in which the fair standards were not respected violated the rights of life 85 Domestic edit In early July 1999 the Turkish Parliament discussed a so called Repentance Bill which would commute Ocalans death sentence to a 20 year imprisonment and allow PKK militants to surrender with a limited amnesty but it didn t pass due to resistance from the far right around the Nationalist Movement Party MHP 86 Following the confirmation of the death sentence on the 25 November 1999 crowds marched towards the Turkish Parliament demanding their approval of the death sentence which is necessary according to Turkish law 79 Several protests in support of the death sentence were organized during which puppets of Ocalan were hung in front of cameras and on one occasion a disabled veteran hurled a prosthetic leg towards the prime minister 87 In January 2000 the Turkish government declared the death sentence was delayed until European Court of Human Rights ECHR reviewed the verdict 88 and in 2002 the death penalty was commuted to an aggravated life sentence 87 Appeal before the European Court of Human Rights editIn an attempt to reach a more favorable verdict Ocalan appealed to the ECHR at Strasbourg which accepted the case in November 2000 89 He was represented by a team headed by Hasip Kaplan while Francis Szpiner lead the lawyers of the Turkish Government 90 Sydney Kentridge Gareth Peirce and Aysel Tugluk were also among the lawyers who represented Ocalan 91 In March 2003 the ECHR delivered a verdict stating that Ocalan was not tried by an independent and impartial court but dismissing claims that his detention conditions were inhumane or that his detention in Kenya violated his rights 92 Following an appeal the Grand Chamber of the ECHR presided by Luzius Wildhaber 93 ruled that Turkey had violated articles 3 5 and 6 of the European Convention of Human Rights by refusing to allow Ocalan to appeal his arrest and by sentencing him to death without a fair trial in 2005 93 94 On his detention in Kenya by Turkish authorities Ocalan reasoned Art 5 of the ECHR was violated since Turkey did not possess jurisdiction in Kenya nor was he able to challenge his extradition 95 He also didn t accept to be seen as a terrorist that his extradition a lawful cooperation between two states in their fight against terrorism 95 nor that the way he was brought to Turkey was in accordance to Art 3 of the ECHR 96 The court found that in lack of jurisdiction no rights were violated during his detention in Kenya since a Kenyan police officer drove Ocalan towards the Turkish airplane 95 and Kenyan and Turkish authorities appeared to have cooperated without having an extradition treaty in place 94 Regrading the involvement of a military judge in the trial which was defended by Turkey as a civilian judge has eventually replaced the military before the sentence was delivered the ECHR maintained that the court sentencing Ocalan should have been independent at all times and it did not matter on what stage of the trial the military judge was replaced 94 Following the ECHR ruling Ocalan s requested for a retrial in Turkey in 2006 which was refused by Turkish courts in 2007 on grounds that a retrial would not alter the verdict 97 The Turkish Government alleged that the Council of Europes deputy ministers agreed upon that Turkey had sufficiently satisfied the demands of the ECHR ruling 97 This decision was defended by the Turkish Justice Minister Sadullah Ergin again in March 2013 98 Aftermath editIn November 2011 46 lawyers who had represented Ocalan were detained 99 In 2013 they were put on trial in Turkey accused of being part of a leadership committee headed by Ocalan Their prolonged pre trial detention was due to frequent adjournments British barrister Margaret Owen described this purely political trial as Kafkaesque 100 Examples of the evidence against Ocalan s lawyers the prosecution provided are owning a book of Abdullah Ocalan or illegally wiretapped telephone conversations which included mentions of Ocalan or Imrali the name of the island Ocalan is imprisoned 100 Other evidences included photographs depicting a defendant walking near an Internet cafe 100 During the deliberations the defendants have also quoted Aristotle and William Shakespeare 99 References edit a b Trilsch Mirja Ruth Alexandra 2006 Ocalan v Turkey App no 46221 99 The American Journal of International Law 100 1 180 doi 10 2307 3518836 ISSN 0002 9300 JSTOR 3518836 S2CID 147039675 Trilsch Mirja Ruth Alexandra 2006 p 184 a b c d e f Boudreaux Richard 19 February 1999 A Most Unwanted Man Los Angeles Times Retrieved 11 July 2021 Boudreaux Richard 19 February 1999 A Man Without a Country How Europe slammed its doors on most wanted rebel SFGATE Retrieved 11 July 2021 a b c Liel Alon Liel 2001 Turkey in the Middle East Oil Islam and Politics Lynne Rienner Publishers p 236 ISBN 978 1 55587 909 9 Ocalan presumed hiding in Russia news bbc co uk BBC 3 February 1999 Retrieved 18 May 2021 a b Traynor Ian 28 November 1998 Italy may expel Kurd leader The Guardian Retrieved 15 February 2021 a b Stanley Alessandra 17 December 1998 Italy Ending House Arrest Of Rebel Chief Of the Kurds The New York Times ISSN 0362 4331 Retrieved 18 May 2021 a b c Kelly Michael J Cheating justice by cheating death PDF Arizona Journal of International amp Comparative Law 510 Gilbert Geoff September 1999 The Arrest of Abdullah Ocalan Leiden Journal of International Law 12 3 565 574 doi 10 1017 S092215659900028X ISSN 1478 9698 S2CID 145132643 a b Mascolo Georg 22 November 1998 Wohin mit Ocalan Der Spiegel in German ISSN 2195 1349 Retrieved 22 November 2021 Italian diplomacy tries to free herself from the tangle in which it is located between Turks and Kurds internationalizing the crisis Buonomo Giampiero 2000 Ocalan la suggestiva strategia turca per legittimare la pena capitale Diritto amp Giustizia Edizione Online Archived from the original on 24 March 2016 Retrieved 16 March 2016 dead link a b Refugees United Nations High Commissioner for Refworld Amnesty International Report 1999 Italy Refworld Retrieved 17 October 2020 Gokkaya Hasan 15 February 2019 Der machtigste Haftling der Turkei Die Zeit Retrieved 17 October 2020 Stanley Alessandra 21 November 1998 Italy Rejects Turkey s Bid For the Extradition of Kurd Published 1998 The New York Times ISSN 0362 4331 Retrieved 17 October 2020 McKiernan Kevin 1 March 1999 Turkey s War on the Kurds Bulletin of the Atomic Scientists 55 2 26 37 doi 10 2968 055002008 ISSN 0096 3402 Gunter Michael M 2000 The Continuing Kurdish Problem in Turkey after Ocalan s Capture Third World Quarterly 21 5 850 doi 10 1080 713701074 ISSN 0143 6597 JSTOR 3993622 S2CID 154977403 via JSTOR Kelly Michael J 3 August 2006 Case studies Ripe for the International Criminal Court Practical applications for the Pinochet Ocalan and Libyan Bomber Trials Journal of International Law Rochester NY 32 SSRN 920945 via Heinonline a b Zaman Amberin 18 February 1999 Washingtonpost com Turkey Celebrates Capture of Ocalan The Washington Post Retrieved 17 December 2020 Hetzel Helmut 3 February 1999 Von der RAF Sympathisantin zur Anwaltin Ocalans Die Welt Retrieved 6 March 2020 Weiner Tim 20 February 1999 U S Helped Turkey Find and Capture Kurd Rebel The New York Times ISSN 0362 4331 Retrieved 19 May 2021 Ocalan interpreter tells how trap was set The Irish Times 20 February 1999 Retrieved 19 May 2021 a b Abdullah Ocalan v Turkey Working Group on Arbitrary Detention U N Doc E CN 4 2001 14 Add 1 at 46 1999 hrlibrary umn edu 1999 Retrieved 11 September 2020 a b Morris Chris 20 February 1999 Turkey makes sure its prison island is deserted for a new Kurdish inmate The Guardian Retrieved 23 May 2021 a b c d e f Mowbray Alastair R 2007 Cases and Materials on the European Convention on Human Rights Oxford University Press pp 129 130 ISBN 978 0 19 920674 2 a b Chiapetta Hanz April 2001 Rome 11 15 1998 Extradition or Political Asylum for the Kurdistan Workers Party s Leader Abdullah Ocalan PDF Pace International Law Review 13 145 doi 10 58948 2331 3536 1206 S2CID 152396575 a b Hacaoglu Selcan 29 June 1999 The Argus Press Google News Archive Search Argus Press Retrieved 24 May 2016 Mowbray Alastair R 2007 p 129 Death sentence after unfair trial The case of Abdullah Ocalan PDF Amnesty International August 1999 p 10 a b c Parliamentary Assembly Documents 1999 Ordinary Session fourth part September 1999 Volume VII Council of Europe p 15 ISBN 978 92 871 4139 2 Ocalan charged with treason news bbc co uk BBC 23 February 1999 Retrieved 20 May 2021 Ocalan sees lawyers news bbc co uk BBC 25 February 1999 Retrieved 25 May 2021 Death sentence after unfair trial The case of Abdullah Ocalan PDF Amnesty International August 1999 p 9 a b Death sentence after unfair trial The case of Abdullah Ocalan PDF Amnesty International August 1999 p 8 Gunter Michael 2000 Third World Quarterly Vol 21 No 5 p 852 a b c International Legal Materials 2003 p 263 Ocalan to base defense on request for cease fire edition cnn com 18 March 1999 Retrieved 28 May 2021 a b Death sentence after unfair trial The case of Abdullah Ocalan PDF Amnesty International August 1999 p 6 Prison island trial for Ocalan news bbc co uk Retrieved 20 December 2021 Death sentence after unfair trial The case of Abdullah Ocalan PDF Amnesty International pp 6 7 a b Laizer Sheri 1999 Abdullah Ocalan A plea for justice Socialist Lawyer 31 6 8 ISSN 0954 3635 JSTOR 42949064 via JSTOR Ocalan lawyers threaten to quit news bbc co uk BBC 5 May 1999 Retrieved 16 May 2021 Mowbray Alastair R 2007 p 130 a b Prison island trial for Ocalan news bbc co uk BBC 24 March 1999 Retrieved 26 May 2021 Human Rights Watch Ocalan Trial Monitor www hrw org Human Rights Watch Retrieved 11 September 2020 a b c d Mowbray Alastair 2006 Military Judges and the Right to a Fair Trial Human Rights Law Review 6 1 176 183 doi 10 1093 hrlr ngi039 via Oxford Academic Charges mount against Ocalan news bbc co uk BBC 24 April 1999 Retrieved 26 May 2021 a b Ocalan Denies Murder Charges www cbsnews com CBS June 1999 Retrieved 20 May 2021 Aciksoz Salih Can 2020 5 Prosthetic Revenge Sacrificial Limbs University of California Press p 141 doi 10 1525 9780520973350 010 S2CID 240664047 via De Gruyter Marcus Aliza Fall 1999 The Trial of Ocalan Dissent Magazine Retrieved 25 May 2021 DFR EGMR 46221 99 Ocalan v Turkey www servat unibe ch Retrieved 25 May 2021 a b c Ocalan trial resumes in Turkey edition cnn com CNN 1 June 1999 Retrieved 25 May 2021 King Laura 1 March 1999 Ocalan Affecting Turkish Town Associated Press Retrieved 9 June 2021 a b c d e Ocalan denies role in key rebel actions Palme assassination edition cnn com CNN 1 June 1999 Retrieved 20 May 2021 a b Death sentence after unfair trial The case of Abdullah Ocalan PDF Amnesty International August 1999 p 22 Death sentence after unfair trial The case of Abdullah Ocalan PDF Amnesty International August 1999 pp 6 7 a b c d High drama at Ocalan trial news bbc co uk BBC 4 June 1999 Retrieved 20 May 2021 Aciksoz Salih Can 2020 pp 142 143 BBC News Europe Ocalan urges end to fighting news bbc co uk Retrieved 20 May 2021 a b Ocalan faces Turkish justice news bbc co uk BBC 31 May 1999 Retrieved 20 May 2021 Ocalan Greeks supplied Kurdish rebels news bbc co uk BBC 1 June 1999 Retrieved 20 May 2021 Turkish prosecutors rest case demand that Ocalan hang edition cnn com CNN 8 June 1999 Retrieved 25 May 2021 a b c Ocalan judge moved to tears news bbc co uk BBC 2 June 1999 Retrieved 20 May 2021 Ocalan lawyers boycott trial news bbc co uk 3 June 1999 Retrieved 20 May 2021 a b Ocalan new execution demand news bbc co uk BBC Retrieved 20 May 2021 a b Ulman Seva 18 June 1999 Military judge dumped from Ocalan trial United Press International Retrieved 25 May 2021 a b Ocalan speaks of peace news bbc co uk BBC 23 June 1999 Retrieved 20 May 2021 Parliamentary Assembly Documents 1999 Ordinary Session fourth part September 1999 Volume VII Council of Europe p 16 ISBN 978 92 871 4139 2 a b Parliamentary Assembly Documents 1999 Ordinary Session fourth part September 1999 Volume VII Council of Europe p 17 ISBN 978 92 871 4139 2 Parliamentary Assembly Documents 1999 Ordinary Session fourth part September 1999 Volume VII Council of Europe p 18 ISBN 978 92 871 4139 2 Gunter Michael 2000 The continuing Kurdish problem in Turkey after Ocalans capture PDF Third World Quarterly 21 5 854 855 doi 10 1080 713701074 S2CID 154977403 Gunter Michael M 2000 pp 854 855 Gunter Michael M 2000 p 855 Gunter Michael M 2000 p 854 a b Aciksoz Salih Can 2020 p 144 a b Text of the Ocalan verdict BBC 29 June 1999 Retrieved 23 May 2021 Decision on Ocalan appeal delayed news bbc co uk BBC 21 October 1999 Retrieved 20 May 2021 European Court of Human Rights ECHR Ocalan v Turkey International Legal Materials 42 2 2003 p 265 a b Ocalan death sentence upheld news bbc co uk BBC 25 November 1999 Retrieved 20 May 2021 Turkey abolishes death penalty The Independent 3 August 2002 Luban David 11 July 2014 International and Transnational Criminal Law Wolters Kluwer Law amp Business ISBN 978 1 4548 4850 9 Amnesty International calls for a retrial of PKK leader Abdullah Ocalan PDF Amnesty International 29 June 1999 Retrieved 11 September 2020 Death sentence after unfair trial The case of Abdullah Ocalan PDF Amnesty International August 1999 Hacaoglu Selcan 29 June 1999 The Argus Press Google News Archive Search Retrieved 24 May 2016 Death sentence after unfair trial The case of Abdullah Ocalan PDF Amnesty International August 1999 p 2 Bill to spare life of Ocalan withdrawn by Ecevit The Irish Times Retrieved 10 March 2020 a b Aciksoz Salih Can 2020 p 145 Turkey delays execution of Kurdish rebel leader Ocalan CNN 12 January 2000 Archived from the original on 26 May 2006 Ocalan appeals death sentence to European Court of Human Rights 21 November 2000 a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help European Court of Human Rights ECHR Ocalan v Turkey International Legal Materials 42 2 257 308 12 March 2003 doi 10 1017 S0020782900021173 ISSN 0020 7829 JSTOR 20694349 S2CID 232253251 via JSTOR International Legal Materials 2003 pp 257 259 Turkey s Ocalan trial unfair 12 March 2003 Retrieved 20 May 2021 a b HUDOC Search Page Retrieved 23 January 2015 a b c Trilsch Mirja Ruth Alexandra 2006 pp 181 182 a b c Kunzli Annemarieke 2004 Ocalan v Turkey Some Comments Leiden Journal of International Law 17 1 143 doi 10 1017 S0922156504001645 ISSN 1478 9698 S2CID 202244674 Kunzli Annemarieke 2004 p 147 a b Press Release Regarding the Judgment of the European Court of Human Rights ECtHR by Convict Abdullah Ocalan Turkish Ministry of Foreign Affairs 14 February 2007 Retrieved 1 June 2021 There will absolutely be no retrial for Abdullah Ocalan Daily Sabah 29 March 2013 Retrieved 1 June 2021 a b Fisher Tony 28 March 2013 Trial Observation Report Law Society of England and Wales a b c Owen Margaret 2013 First Hand Account of the Fifth Hearing of the Kurdish Lawyers Trial Held in the Silivri Prison Courtroom outside Istanbul on 20 June 2013 New Journal of European Criminal Law 4 3 212 214 doi 10 1177 203228441300400304 S2CID 157082264 Further reading editMowbray A 2006 Military Judges and the Right to a Fair Trial Human Rights Law Review 6 1 176 183 doi 10 1093 hrlr ngi039 Gilbert Geoff 1999 The Arrest of Abdullah Ocalan Leiden Journal of International Law 12 3 565 574 doi 10 1017 S092215659900028X S2CID 145132643 Ocalan v Turkey Human Rights Case Digest 10 1 3 42 43 1999 doi 10 1163 15718139920616876 Chiappetta Hanz 2001 Rome 11 15 1998 Extradition or Political Asylum for the Kurdistan Workers Party s Leader Abdullah Ocalan Pace International Law Review 13 117 doi 10 58948 2331 3536 1206 S2CID 152396575 Retrieved from https en wikipedia org w index php title Trial of Abdullah Ocalan amp oldid 1177521941, wikipedia, wiki, book, books, library,

article

, read, download, free, free download, mp3, video, mp4, 3gp, jpg, jpeg, gif, png, picture, music, song, movie, book, game, games.