Asrin Hukuk Burosu (Century's Legal Bureau) Inonu Caddesi, Dumen Sokak, Dumen Apt # 3, Kat # 4, D: 12 Gumussuyu, Istanbul
tel.
011.90.212.292.9551 fax. 011.90.312.249.6206
Mr. Zakine The President Committee
for the Prevention of Torture
Istanbul, 23 April 1999
Re: Urgent request for repeated CPT
visits to Mr. A. Ocalan, Imrali Island Prison, Turkey
We, the lawyers undersigned,
represent Mr. Ocalan, who is detained in Imrali Island Prison. We only had the
opportunity to meet him twelve (12) times and eleven (11) hours altogether. The
frequency and conditions of the meetings with the defendant are contravening
both Turkish and International law. We can only meet twice a week (Mondays and
Thursdays). Each meeting is limited to one (1) hour. Similarly, out of his
relatives only his brother Mehmet Ocalan and his sisters Havva Keser and Fatma
Ocalan have obtained a singular permission for a visit that was limited to half
an hour (1/2) each, two of which took place on the same day. Four nephews'
applications have been turned down.
We feel the necessity to inform you
about breaches of law that we have observed in the course of our visits.
1. Mr. Ocalan is completely
isolated from the outside world contravening both to Turkish domestic law and
international safeguards that Turkey is signatory to. He is held under solitary
confinement as the only person on Imrali Island. For most of the day he is
alone without seeing anybody apart from situations of physical needs. He is
permanently kept under surveillance by officers through a window in his cell.
According to his own claims he is only allowed to open air for forty (40)
minutes per day into a yard of 40 square meters surrounded by high walls.
2. So far, he is not been given any
newspaper, magazine, book, radio or TV. Not even the books that were brought to
him to prepare his defense were allowed in. The only source of information
about the developments in the outside world that Mr. Ocalan has access to are
the verbal reports that we his lawyers transmit to him within the confinements
of the short meetings.
3. Turkish media has brought the
news on 9 April 1999 that Mr. Ocalan had suffered a heart attack and a narcotic
trauma. However, it is known that Mr. Ocalan did not even smoke cigarettes
until the day of his arrest. These press news add to our concern that he is
given addictive drugs against his will. (See Appendix 1)
4. During our last visit on 22
April 1999 we saw that Mr. Ocalan was in a state of big exhaustion. He answered to our insistently repeated
questions about his health that he suffered from palpitations of his heart due
to duress.
5. Furthermore, in all our meetings
our conversations have been observed by one or two [masked security personnel
whose presence prevented us from asking some questions we would like to ask].
Likewise, we observe that our client finds it difficult to give us information
about some points. We have not collected detailed information about his health
situation.
6. We have observed that he has
excessively lost weight (about 15 kg according to our estimation). It is obvious
that he is under duress and stress.
7. During the last visit on 22
April our client has informed us that he is exposed to two medical check-ups
per day, which gives rise to the suspicion that there is a serious problem
about or client's health. He also explained that several psychiatrist experts
from Istanbul were going to Imrali regularly has been confirmed to us by
sources which do not want to be disclosed. It is most likely that the
psychiatrists' efforts are being backed by drugs.
8. As he himself pointed out in our
meetings, the solitary confinement seriously harms the client's physical and
mental health. This measure is applied with the intention to break his
will-power. If this measure continues it will not be possible for him to
prepare his defense according to his own free will.
As the lawyers of Mr. Ocalan, we
highly appreciate the work of the CPT on the issue of the conditions of
detention of our client who himself has expressed his gratitude on the visit of
the CPT and reiterated his wish that the CPT visit him again. As a matter of
fact, the pressure on our client has alleviated a bit in the period immediately
after the visit of the CPT, only to increase again at a later point. The
officers observing our client for example ceased to wear snow masks on their
faces, however, are still observing our visits. Not less do we lawyers feel
that the threat against our security decreases proportionally to the increase
in intervention of international human rights bodies.
It is a fact that we have positively
observed a serious deterioration in the health condition of Mr. Ocalan and that
he himself has for the first time pointed out that he does suffer from a heart
problem that renders so much urgency to our appeal to you. Against this
background, the media reports on a heart attack that were neither confirmed by
our observations nor by the client's statements must be interpreted as an
attempt to prepare the public opinion in Turkey for a possible death of Mr.
Ocalan in prison. You must be aware that especially the media in question does
not seldom lance items that are prompted to them by government officers.
Therefore, we kindly request the
CPT to visit our client Mr. Abdullah Ocalan regularly during his detention in
the Imrali Island Prison.
If you have any questions please do
not hesitate to contact us.
Yours Sincerely,
Lawyer Niyazi BULGAN Lawyer Ahmet
Zeki OKCUOGLU Lawyer Irfan DUNDAR