The Case of the Isolation Regime of Abdullah Öcalan

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

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:
• 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

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.

Frequently Asked Questions

What is the "isolation regime" of Abdullah Öcalan?

The isolation regime refers to the detention conditions of Abdullah Öcalan, who was held as the sole inmate in the Imrali High Security Prison for ten years starting in 1999, with severely restricted contact with the outside world.

How does Article 3 of the ECHR apply to this case?

Article 3 of the European Convention on Human Rights prohibits torture and inhuman or degrading treatment. The thesis analyzes whether Öcalan's long-term isolation violated these fundamental protections.

What is the role of the CPT in this context?

The European Committee for the Prevention of Torture (CPT) monitors detention conditions through visits. It conducted several inspections of Imrali (1999, 2001, 2003, 2007) and made recommendations to Turkey for improving human rights standards.

Did the European Court of Human Rights (ECtHR) find violations?

The ECtHR has issued several controversial judgments (2003, 2005) regarding the case, examining whether the trial and the subsequent detention conditions met international legal standards.

What changed in November 2009?

In November 2009, the strict isolation regime was partially eased by transferring five other convicts to the Imrali prison, thereby ending Öcalan's status as a sole inmate.