Ocalan Lawyers to Challenge Death Penalty at EuroCourt

Kurdish Human Rights Project

At 9 a.m. this Tuesday, 21 November, the European Court of Human Rights in Strasbourg
will hold a hearing on the admissibility of the seminal case of Abdullah Öcalan against
Turkey.

The case represents a direct challenge to the death penalty per se, as being a violation of the
right to life (Article 2) and as being inhuman and degrading treatment (in violation of Article
3). Beyond the death penalty issue, the Öcalan case raises a number of other crucial issues
for Turkey, most notably the question of the legality of Öcalan's abduction and its effect on
the fairness of the subsequent proceedings against him. The case is sure to raise new legal
arguments and involves Articles 2, 3, 5, 6, 7, 8, 9, 10, 13, 14, 18 and 34 of the European
Convention on Human Rights.

Öcalan's legal team at this hearing includes, from Britain, Sir Sydney Kentridge QC
(formerly Nelson Mandela's lawyer), Mark Muller, Tim Otty and Gareth Peirce (known for
her miscarriage of justice cases) and from Turkey, Hasip Kaplan, Irfan Dundar and Doga
Erbas. Because of its vast experience in the European Court over the last decade, the
Kurdish Human Rights Project (KHRP) was asked to assist in this hearing. KHRP Executive
Director Kerim Yildiz and Legal Director Philip Leach will be present at the hearing on
Tuesday and available to speak about the case immediately following the hearing.

The case, which was first brought to the European Court on 16 February 1999, just one day
after Öcalan was abducted in Kenya and brought back to Turkey, comes at a sensitive time
for Turkey. Just last week, the European Union brought out its Draft Accession Agreement
with Turkey which called upon the Turkish State to abolish the death penalty as part of the
accession process. However, Turkey still has not ratified Protocol 6 to the European
Convention which would have the same effect.

The European Court Human Rights has passed twenty-five successful judgments in cases
brought by the Kurdish Human Rights Project, the majority of which have centred on the
right to life (Article 2), prohibition of torture (Article 3), right to a fair trial (Article 6) and to
an effective remedy (Article 13) and freedom of expression (Article 10). In view of Turkey's
continued disregard for human rights, the Kurdish Human Rights Project hopes the Öcalan
case, because of its high profile, will help to draw greater attention to the gross human rights
violations committed by the Turkish State against Kurds and other minorities.

Notes for journalists

Abdullah Öcalan was detained in Kenya in February 1999 and handed over to Turkish
security officials. In June 1999 he was tried in the Ankara State Security Court No. 2, and
convicted of treason and separatism under the Turkish Penal Code and sentenced to the
death penalty. The decision was upheld by the Supreme Court of Appeal Chamber No. 9 on
the 25th November 1999. The first application to the European Court of Human Rights was
lodged on 16th February 1999 following Öcalan's arrest, and a further application was
subsequently made with regard to the death penalty.

CONTACT INFORMATION:
Strasbourg
On 20 November, KHRP Executive Director Kerim Yildiz and Legal Director Philip Leach
will be in Strasbourg, available for comment at the Hilton Hotel +33 (0) 3 88 37 10 10.
On 21 November, Mr. Yildiz and Mr. Leach will be available after the
hearing (approx. 12 noon)at (0411) 583 638.

LondonFiona McKay, Deputy Director / Sally Eberhardt, Public Relations Officer

Kurdish Human Rights Project Tel: +44 (0)207 287 2772 / Fax: +44 (0) 207
734 4927 / E-mail: khrp@khrp.demon.co.uk

Michael Birnbaum QC of the Bar Human Rights Committee will be available for
comment, and can be contacted via KHRP
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The Kurdistan Observer
www.kurdistanobserver.com

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