This thesis deals with the isolation regime of Abdullah Öcalan, who was arrested in 1999 and since then has been imprisoned as a sole inmate in the High Security Prison of Imrali for ten years. The aim is to investigate the detention conditions imposed on the detainee and to find out about the allegations of Human Rights violations in this case of isolation. The principle of the prohibition of torture, laid down in Art.3 ECHR, serves as the basis for this research and will be analyzed, thereby clarifying the scope of protection.
On the momentous occasion of the sudden end of the isolation regime in November 2009, this thesis aims at imparting a comprehensive knowledge about the development of the isolation regime, the perception of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) regarding human rights conformity as well as the controversial judgments of the European Court of Human Rights (ECtHR) and consequently the improvements that have been achieved by transferring five convicts to Imrali.
The discussion of the monitoring procedure will give an insight view of the detention conditions, which will be assessed on the basis of the CPT reports and recommendations as well as the corresponding responses of Turkey. The detailed examination of the four visits that have been carried out by the CPT in 1999, 2001, 2003, and 2007 will show the different stages of the isolation regime.
Since the Court holds a controversial view concerning Human Rights violations in the isolation regime, the relevance of the CPT standards will be investigated in comparison to the case law of the Court. The role of the Committee as a preventive organ in setting human rights standards and its influence on member states will be discussed as well as the dialogue between the CPT and Turkey.
Inhaltsverzeichnis (Table of Contents)
- A. INTRODUCTION
- B. INVESTIGATION OF ART.3 ECHR
- I. Scope of Protection of Article 3 ECHR
- 1. Torture
- 2. Inhuman Treatment
- 3. Degrading Treatment or Punishment
- 4. Detention Conditions
- II. Functions of the two supervising organs: CPT and ECtHR
- 1. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
- a) The CPT's relation with other human rights bodies
- b) The CPT Standards
- 2. The European Court of Human Rights (ECtHR)
- a) The judgments and their binding force
- b) Judgments in connection to isolation regimes
- C. THE CASE OF ABDULLAH ÖCALAN
- I. Historical Context: The Kurdish Question
- II. Background Information, Political Career and Acts of Abdullah Öcalan
- III. Arrest of Abdullah Öcalan and Imprisonment
- IV. The Turkish Trials against Öcalan
- V. Excursus: Abolition of the Death Penalty in Turkey
- VI. Imprisonment in Imrali High Security Closed Prison
- VII. Recent developments on the Kurdish Question and Abdullah Öcalan
- D. THE MONITORING PROCEDURE OF THE CPT
- I. Visit in 1999
- 1. Report of the CPT
- 2. Response of the Turkish Authorities
- II. Visit in 2001
- 1. Preliminary Observations of the Committee
- 2. Reply of the Turkish Authorities
- 3. Report of the Committee
- 4. Response of the Turkish Authorities
- III. Visit in 2003
- 1. Report of the Committee
- 2. Response of the Turkish Authorities
- IV. Visit in 2007
- 1. Report of the Committee
- 2. Response of the Turkish Authorities
- V. The End of the Isolation Regime and recent Developments
- E. CONTROVERSIAL VIEW OF THE ISOLATION REGIME BY THE EUROPEAN COURT OF HUMAN RIGHTS
- I. Judgment of 2003
- II. Judgment of 2005
- F. CONCLUSION
- I. The 'Ongoing Dialogue' between the CPT and Turkey
- II. The Standard-Setting role of the CPT in the light of Turkey's actions and reactions
- The scope of protection under Article 3 ECHR, including definitions of torture, inhuman treatment, and degrading treatment or punishment
- The role of the European Committee for the Prevention of Torture (CPT) and the European Court of Human Rights (ECtHR) in monitoring and enforcing human rights standards
- The historical context and political complexities of the Kurdish question in Turkey
- The specific case of Abdullah Öcalan, including his arrest, imprisonment, and the Turkish trials against him
- The CPT's monitoring procedures and its reports on the isolation regime of Abdullah Öcalan in Turkey
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
The diploma thesis investigates the isolation regime of Abdullah Öcalan, the leader of the Kurdistan Workers' Party (PKK), in light of European human rights law and standards. It examines whether the regime violated Article 3 of the European Convention on Human Rights (ECHR), prohibiting torture and inhuman or degrading treatment or punishment. The key themes explored in the thesis include:Zusammenfassung der Kapitel (Chapter Summaries)
The introduction provides an overview of the topic, outlining the purpose and scope of the thesis. Chapter B examines the scope of protection under Article 3 ECHR, defining the concepts of torture, inhuman treatment, and degrading treatment or punishment. It further discusses the roles and functions of the CPT and ECtHR in upholding human rights standards. Chapter C delves into the case of Abdullah Öcalan, providing historical context and background information on the Kurdish question in Turkey. It details Öcalan's arrest, imprisonment, and the Turkish trials against him. The chapter also explores the abolition of the death penalty in Turkey. Chapter D focuses on the CPT's monitoring procedures, detailing its visits to Imrali High Security Closed Prison where Öcalan was held and analyzing its reports on the isolation regime. Chapter E examines the controversial view of the isolation regime by the ECtHR, summarizing its judgments in 2003 and 2005. The conclusion summarizes the 'ongoing dialogue' between the CPT and Turkey, highlighting the CPT's role in setting standards in light of Turkey's actions and reactions.Schlüsselwörter (Keywords)
The key terms and concepts explored in the thesis include Article 3 ECHR, torture, inhuman treatment, degrading treatment or punishment, European Committee for the Prevention of Torture (CPT), European Court of Human Rights (ECtHR), Abdullah Öcalan, Kurdish question, isolation regime, Imrali High Security Closed Prison, Turkey, human rights law, and international human rights standards.- Quote paper
- Mag. Katharina Kirchmayer (Author), 2010, The Case of the Isolation Regime of Abdullah Öcalan, Munich, GRIN Verlag, https://www.grin.com/document/151592
