(2004/C 33 E/051)

WRITTEN QUESTION E-0574/03

by Luigi Vinci (GUE/NGL) to the Commission

(28 February 2003)

Subject:   Turkey and the ‘Ocalan case’

For some weeks now the leader of the former PKK, Abdullah Ocalan, has been unable to receive visits from his defence lawyers or anyone else. This arbitrary decision on the part of the Turkish Government constitutes a flagrant violation of the European Convention on Human Rights and the ‘political criteria’ for enlargement identified by the Copenhagen European Council.

What steps does the Commission intend to take to ensure that Ocalan is guaranteed the basic right of defence? Does it not consider that, since Ocalan's sentence of death has been commuted, Brussels should now exert pressure on the government in Ankara to ensure that Ocalan is granted freedom and that negotiations are launched with a view to a political solution to the ‘Kurdish question’?

Answer given by Mr Verheugen on behalf of the Commission

(2 April 2003)

The Commission is aware of Abdullah Öcalan's current detention conditions. Since 27 November 2002 there have been reports that relatives and lawyers of Mr Öcalan have had difficulties in gaining access to him.

As a Candidate Country, Turkey aims to fulfil the Copenhagen political criteria as well as the priorities identified by the Accession Partnership. These include the alignment of prison detention conditions with European standards and full compliance with the provisions of the European Convention on Human Rights.

The Commission has been informed of the visit made on 16 and 17 February 2003 by a delegation of the Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), which was given access to Mr Öcalan. The CPT delegation concluded that the health of Mr Öcalan was good, but that his continued isolation was a problem. The CPT's delegation will take steps to ensure that Mr Öcalan's right to receive visits is effective in practice.

The Commission will continue to monitor the conditions of Mr Öcalan's detention, and the respect of his right to defence.