The European Court of Human Rights condemned Turkey on Tuesday over its "inhuman" treatment of jailed Kurdish rebel leader Abdullah Ocalan.
The court ruled that holding the founder of the outlawed Kurdistan Workers' Party (PKK) in isolation for more than a decade on the high-security island prison of Imrali constituted mistreatment by the Turkish authorities.
Ocalan, who was captured in 1999 and later convicted of treason, was the sole prisoner on Imrali until the conditions of his detention were eased in 2009.
The court in Strasbourg said Turkey had violated Article 3 of the European Convention of Human Rights which prohibits "inhuman or degrading treatment", over his conditions up to 2009 but not since.
The judges also ruled that it was a violation of the convention to sentence him to life in prison without any possibility of release.
"The lack of means of communication such as a television set... the major difficulties for his visitors to gain access to the prison and the inadequacy of the means of sea transport in view of weather conditions... constitute inhuman treatment," the court said.
- 'Case is closed' -
Turkey dismissed the ruling, saying it would not lead to a retrial. Justice Minister Bekir Bozdag said Turkey would appeal the decision at the court's Grand Chamber.
"Turkey will not change any relevant legislation," Bozdag said on Tuesday. Ocalan's "case is closed and it is out of the question to re-open it."
Ocalan was captured by Turkish authorities in Nairobi in February 1999 and condemned to death for treason over the PKK's armed struggle for Kurdish self-rule.
The sentence was commuted to life in prison when Turkey abolished the death penalty in 2002.
Imrali, which lies off Istanbul, is notorious as the prison in the film "Midnight Express", based on the true story of a US student who escaped after being caught trying to smuggle hash out of Turkey.
Ocalan had complained about the irreducible nature of his sentence, and about the conditions of his detention, in particular his social isolation and restrictions on communication with members of his family and his lawyers.
He also claimed he was being poisoned, with his representatives telling the court in 2007 that a sample of his hair contained abnormal levels of chrome and sodium. However, the court said this complaint was "manifestly ill-founded".
The European Court of Human Rights hears cases from 47 members of the Council of Europe, but has limited scope to implement its decisions.
Turkey has had more negative judgements from the court than any other country. Between 1959 and 2013, it received 2,639 judgements that found at least one rights violation.
Italy was in second place, with 1,721 negative judgements.
Ocalan, known as "Apo" or uncle to Kurds, was once the nemesis of the Turkish state but last year announced a PKK ceasefire after months of clandestine talks with Turkey's secret services.
The peace process has been in limbo since November after the government and the PKK traded accusations that the other side had failed to respect their part of the truce.
The PKK, which is blacklisted as a terrorist organisation by Turkey and much of the international community, launched its insurgency in the southeast of the country in 1984. The conflict has claimed the lives of about 45,000 people.
The European Court of Human Rights condemned Turkey on Tuesday over its “inhuman” treatment of jailed Kurdish rebel leader Abdullah Ocalan.
The court ruled that holding the founder of the outlawed Kurdistan Workers’ Party (PKK) in isolation for more than a decade on the high-security island prison of Imrali constituted mistreatment by the Turkish authorities.
Ocalan, who was captured in 1999 and later convicted of treason, was the sole prisoner on Imrali until the conditions of his detention were eased in 2009.
The court in Strasbourg said Turkey had violated Article 3 of the European Convention of Human Rights which prohibits “inhuman or degrading treatment”, over his conditions up to 2009 but not since.
The judges also ruled that it was a violation of the convention to sentence him to life in prison without any possibility of release.
“The lack of means of communication such as a television set… the major difficulties for his visitors to gain access to the prison and the inadequacy of the means of sea transport in view of weather conditions… constitute inhuman treatment,” the court said.
– ‘Case is closed’ –
Turkey dismissed the ruling, saying it would not lead to a retrial. Justice Minister Bekir Bozdag said Turkey would appeal the decision at the court’s Grand Chamber.
“Turkey will not change any relevant legislation,” Bozdag said on Tuesday. Ocalan’s “case is closed and it is out of the question to re-open it.”
Ocalan was captured by Turkish authorities in Nairobi in February 1999 and condemned to death for treason over the PKK’s armed struggle for Kurdish self-rule.
The sentence was commuted to life in prison when Turkey abolished the death penalty in 2002.
Imrali, which lies off Istanbul, is notorious as the prison in the film “Midnight Express”, based on the true story of a US student who escaped after being caught trying to smuggle hash out of Turkey.
Ocalan had complained about the irreducible nature of his sentence, and about the conditions of his detention, in particular his social isolation and restrictions on communication with members of his family and his lawyers.
He also claimed he was being poisoned, with his representatives telling the court in 2007 that a sample of his hair contained abnormal levels of chrome and sodium. However, the court said this complaint was “manifestly ill-founded”.
The European Court of Human Rights hears cases from 47 members of the Council of Europe, but has limited scope to implement its decisions.
Turkey has had more negative judgements from the court than any other country. Between 1959 and 2013, it received 2,639 judgements that found at least one rights violation.
Italy was in second place, with 1,721 negative judgements.
Ocalan, known as “Apo” or uncle to Kurds, was once the nemesis of the Turkish state but last year announced a PKK ceasefire after months of clandestine talks with Turkey’s secret services.
The peace process has been in limbo since November after the government and the PKK traded accusations that the other side had failed to respect their part of the truce.
The PKK, which is blacklisted as a terrorist organisation by Turkey and much of the international community, launched its insurgency in the southeast of the country in 1984. The conflict has claimed the lives of about 45,000 people.
