HIGH COMMISSIONER FOR HUMAN RIGHTS EXPRESSES CONCERN OVER ASPECTS OF OCALAN TRIAL AND VERDICT

HR/99/61
29 June 1999



United Nations High Commissioner for Human Rights Mary Robinson today expressed concern that certain aspects of the legal proceedings against Abdullah Öcalan have deviated from international standards on the right to a fair trial before an independent and impartial tribunal.

The High Commissioner said there were worries about the pre-trial detention of Mr. Öcalan, who was subjected to ten days of detention incommunicado, in violation of Turkey's own domestic law. Mr. Öcalan's access to his lawyers was severely limited, with their meetings taking place in the presence of hooded military personnel. The lawyer-client privilege of confidentiality was breached, and his lawyers were repeatedly subjected to threats and harassment.

Concerns have also been expressed about the independence and impartiality of the judges. While the High Commissioner welcomed the recent amendment to the Turkish constitution removing military officers from the three-judge panel, and noted that the military officer sitting in judgment of Mr. Öcalan was in fact replaced by a civilian judge, she said it was a matter of concern that the replacement only took place during the trial.

Mrs. Robinson, who had sent former International Commission of Jurists head William Butler to attend the trial on her behalf, said she recognized the seriousness of the charges for which Mr. Öcalan was sentenced, but added that in view of concerns about the lack of due process, it was particularly disquieting that Turkey's State Security Court had sentenced him to death. She recalled that the death penalty has not been carried out in Turkey in the last 15 years.

The High Commissioner also pointed to the resolution the UN Commission on Human Rights adopted last April calling upon all States that still maintain the death penalty to, among other measures, restrict progressively the number of offences for which it may be imposed and establish a moratorium on executions, with a view to completely abolishing the death penalty.

The High Commissioner called on the Government of Turkey to respect the United Nations Safeguards guaranteeing protection of the rights of those facing the death penalty. In particular, she urged the Government to respect Mr. Öcalan's right to appeal.