THE FINAL STATEMENTS OF THE
DEFENDANT ABDULLAH ÖCALAN 17 June 1999 / Imrali Island Prison
Draft for the final statement
handed out by Mr. Öcalan to his lawyers during their visit on 17 June 1999
1- Carrying the Kurdish problem from a tradition of uprising
towards a democratic solution 2-
The existing legal system and constitution are an impediment to
democratic rights 3- Classic
approach to the uprising under the leadership of the PKK only consolidates
conflict and lack of solution 4- The republic is a real chance for the option
of democratic unity. Reply to the final statements of the Prosecution
1- Dominant is not opposition to
the Republic but an understanding of Democratic Unity 2- Central issue is not splitting or
derogating the Country but living together in a Free Country 3- The best measure against the
mercilessness of any uprising is soonest possible compromise: Peace in freedom
and fraternity 4- The side
protracting the military process is more responsible for the painful events
The most correct approach as
regards the basis of the defence is not to deepen the PKK dilemma but to seek
for its resolution.
1- The positions of the PKK both inside and outside the country
have to be assessed correctly 2-
Foreign vested interests using the PKK have to be known very well
3- The danger of interior
chauvinist policy and rentierism using the PKK 4- The unity inside the PKK and its importance for a solution of
the problem 5- We have to
correctly understand the internal struggles in the 90's. 6- A mistreatment of the contemporary PKK
would lead to an irreversible process of falling prey to big games 7- If the emotional atmosphere is overcome
and the reasonable taken as a point of departure Turkey will be able to arrive
at sound concepts concerning all its fundamental problems and fortify its
position
TO THE HONOURABLE CHIEF OF JUSTICE
OF THE 2nd CHAMBER OF THE STATE SECURITY COURT ANKARA
I am of the conviction that it is
highly important for me to concentrate on a scientific treatment of the reality
of the uprising and its consequences as the basis of my final statements in my
defence.
The final statements of the
Prosecution, being a mere summary of his earlier indictment, feature some
quotations from my first defence statements but arrive at the same conclusion.
The changes in my person and organization being seen as dishonest and but the
expression of a dilemma; punishment according to article 125 of the Turkish
Criminal Code is demanded due to the intensity and number of activities [of the
PKK] and the continuity of my ties to the organization if only on the level of
ideas.
It is absolutely necessary to
examine the history and social conditions from which the uprising under the
leadership of the PKK arose which has been called the last "Kurdish
uprising" even by most senior officials. Not only is it impossible to
reduce these events that have brought about the loss of life and property,
moral and material losses in the dimension of a war and given rise to manifold
positive and negative results to the level of individual terror, moreover does
this lead to wrong conclusions and serves to deepen the dilemma. Again, it
would be equally insufficient to treat them from the point of view of the given
legal system, let alone single laws. But more important, if we refuse to look
at the probable outcomes of this social explosion that has shaken the social
structure so vehemently, from the point of view of their maximum use for the
future, we will fall into even harder dilemma and pave the way for even higher
future losses.
The military interventions of 12
March 1971 and 12 September 1980 have exposed the fact that the Turkey of the
seventies saw a serious social eruption. This has brought some serious legal
restrictions that led to the abolition of the constitution of the military
intervention of 27 May 1960 with its relatively democratic character and the
installation of the constitution of 1982 with its largely anti-democratic
character. Prior to 1980, any political party be it pro-government or oppositional,
right or left wing had been declared as illegal and [its members] tried in
Court.
The PKK was born as an illegal
movement of that period and developed into a movement that mainly rested on the
social reality of the Kurds in its analysis, propaganda and activities. Its
emergence was legitimate if not legal. The legitimacy of an uprising against a
system of repression as extensive as the "language ban" of the 1982
constitution should be kept in mind when talking about this being an illegal movement. One should know about the shattering
historic fears and backwardness of Kurdish society, the shame even to pronounce
one's name. Thus, it shouldn't be surprising that such an uprising has emerged
under the conditions of the anarchic character of the era and its severely
restrictionist legal conditions. The PKK had set out to formulate an
ideological and strategic line for [this uprising] and has openly expressed
this in many of its documents. This has also been pointed out in the
indictment. I am not going to repeat this. Its main slogan was
"Independence and Freedom", a slogan of uprising. And that's what its
general program and sporadic activities were also aimed at. This is not being
denied. But I do underline the importance of scientifically dealing with this
issue. Needless to say that legally speaking punishment is required, I
reiterate that it is vital to draw a conclusion on the level of philosophy of
law. The objective evaluation of the historic development as much as the
internal and external, social and political developments of today, and the
situation of the two sides [to the conflict] on this basis will not only enable
us to understand the events but also draw the right conclusion.
The PKK, being one of the main
responsible forces of the intense [military] activities, has found itself
confronted with the discussion about the Kurdish issue in Ankara. Then again,
it has learned from the "Kurdish movement" and what has been going on
in Northern Iraq. It has slowly transformed itself from a force being
influenced by these two factors to one influencing them. It is obvious that its
slogans and activities have been determined by these two elements of violence.
It is also true that it has attempted and managed to arrive at a certain
continuity [of military activities]. But it would be an exaggeration that leads to erroneous conclusions to
say that it is the sole creator and thus is the sole responsible force for
everything.In all conflict situation around the world implementation of can get
out of control and members of organizations involved in conflict may act with
impunity. This is not an attempt to clear myself of any responsibility for such
acts but this fact should be considered in process of any judgement. The PKK
does call for an independent state in its program and slogans and that does
make it responsible, but the reality of life is more valid than any program or
slogan and teaches us what is realistic. There are manifold examples for this
in world history. If we were to evaluate a movement merely by the slogans of a
certain period and the essential points of its program that would be
insufficiency and falseness in method. Religions such as Islam that come about
with an extremely dogmatic ideology and practice, have had different forms of
existence in say Mecca or Medina, Damascus or Baghdad or even Istanbul. Again,
there are decisive differences from epoch to epoch. Transformations like this
can be found in the history of many organizations and movements, even of
individuals.
Essentially, no matter how much the
PKK might be held responsible for its theory and practice in the legal sense,
much of the responsibility goes to the personal features of those living in the
society it rests upon, their way of resisting and the kind of oppression they
face. In a democratic society, say, or from within a democratic state
structure, social formations or individuals inclined to uprising do not emerge
in such a number and with such violence. Their slogans and program are not so
hard and aimed at separation. Shortly, politics do not come about in this form
and the state does not go against it in such a tough way. Just as much as
organizations or individuals will be more constructive and reasonable in making
politics, the state will show the maturity to act just as reasonable and show
the maturity to bring the issue to a solution before it further grows. As a
matter of fact, the democratic processes in Europe have developed on this
basis. But the individual or tribal conflicts of backward societies may even
spread over centuries in a nearly regressive way. It is known how strongly this
is still the case in religious, confessional and tribal or family conflicts in
Middle-Eastern societies.
I made these short however, as I
find, important remarks for the following reason: If the PKK is regarded as the
sole responsible force for everything that ever happens, we will be unable to
see persons or groups inside the PKK who, contravening the actual character of
the PKK, are trying to use it for their own personal ends (or even powers on
the governmental level), and thus be unable to determine the degree of
responsibility that each of them has, and this in turn will lead to chain
reactions. The same might be said about the organisational structure of the PKK.
Only if the degree of responsibility from the central [committee] to the
rank-and-file member, from the military headquarters to the militant, is being
determined in the above outlined way will it be possible to realistically
answer the question what individual or organization is responsible for what
incident on what level.
Of course I am not saying this
should have been done in a short indictment. But the essence of this approach
is what I am concerned about. Shortcomings in method bring about severe dangers.
My own situation as an individual I
cannot accept to be treated other than in the framework of this understanding.
Otherwise, to say "the accused has confessed everything and even
more" might legally bear a certain meaning - although, on that level
incomplete and mostly falsely understood statements have been used - but is
rather far from expressing the political and moral point I am making. An
assessment that bears much more shortcomings and wrongs than correct points is
unacceptable.
So while accepting my outstanding
individual responsibility from ideology to organization and activities, my role
in the ideological change, the developments, the struggle inside the
organization and the prevailing civil activities, as well as my objection to
any form of violence apart from legitimate defence can by no means be denied.
It is not difficult for me to afford comprehensive written evidence on these
points. Some words or statements that go beyond their aim should not make one
ignore my fundamental position.
Transformation of the PKK is not a
dilemma but a necessity
The collapse of the Soviet System
at the end of the 1990's carries at least as much potential to influence
democratic transformations as did the French Revolution of 200 years ago. It
has really opened the way for democratisation processes in many countries all
over the world, especially in the Eastern Block. Just as much as the Soviet
October Revolution has been the most important external factor influencing the
national liberation in Turkey, the collapse has created deeply positive
conditions for Turkey and the other Turkmen Republics to emancipate themselves
from the status quo of the Cold War period that had prevented democratization.
What is certainly more decisive is that with the earlier republican experience
there clearly was a phase of democratic movement even if under great pains, and
that the social and political texture of Turkey has changed its appearance at
high speed, even if this does not find its reflection in the legal system. And
this was also experienced in Kurdish society, here in a revolutionary way in
the "Serhildan" (mass uprisings). Even if the objective fact that there are Kurds has no legal
reflection - the language ban, however, was lifted in that period - it is being
recognised even in the highest positions of the state. This is an important
democratic step even if it lacks legal guarantees. But at the same time the
period was full of armed clashes.
When talking about the reality of a
transformation of the PKK we specially rest on the objective developments in
the world and in Turkey. The founding years of the PKK were years of outrageous
denial of the fact that there are Kurds and of their own lack of will-power
under the status quo of the Cold War. Kurds themselves were also polarized
according to the ideological frontiers of the Cold War. Then, that era bears
the mark of a youth that is to a large extend split up in the camps of left and
right, acting in a rather anarchic way without being acquainted with the meaning
of democratization. Its programme and its practice [the PKK] as well bears the
marks of the dogmatic and ideological approach of the radical youth movement of
these years. The structure of organizations in Turkey is subject to an
inexorable transformation just as
much as many organizational structures all over the world have been in the
1990's. This already is the case and will be even more so in the future. The
PKK is bound to bear such developments due to its involvement in an intense
armed conflict. So for that reason the fact that I have abandoned the program
and old propaganda slogans of the PKK and searched for new things is not a
dilemma but expresses an inexorability. What deserves criticism is the fact
that this came late and was not formulated clearly enough and that it did not
find sufficient reflection in the congresses and the program of the PKK. The
necessity of a transformation cannot be denied. Therefore, the program has been
overcome. I.e. the programmatic formulation of a separate state or a similar
entity has proven unrealistic and unnecessary. This is what we mean when we say
that those years were not used in a constructive way and were merely repeating
one another. In trying to overcome [the said formulation] I have said - and
this can be seen from many a document - that independence and freedom can most
progressively, most practically, most meaningfully be realised within the
boundaries of Turkey. This is not a narrow tactics. This is a matured view that
derives from an experience that has learned important lessons from life. We
have also arrived at the position that if we are to be with the state, this
again will be most meaningful within the framework of a democratizing Turkish
Republic, and this position is documented in some speeches I delivered prior to
my arrest.
It must not be seen as incoherence
that I spoke about my journey to Europe as an attempt [of the Kurds] to become
a state and at the same time have announced the above position. If separation had been the dominant
aspect one might have spoken of incoherence or of simple regret. But with
regard to my general assessment of the will of the Kurds over the last years
one can see that there is no incoherence. For example, everyone says that there
is a Kurdish political formation in Northern Iraq, a federal state even, that
has evolved under the close scrutiny of Turkey. This shows that there is a
process of state-building in that sense of the word and both the roles of
Turkey and of the PKK are prominent and undeniable. A similar development that
is undeniable is the local political power of the HADEP that has become what I
would call an authority by winning the provincial councils and municipalities
in over 40 constituencies. This undoubtedly means a democratic process of state-building
in the sense that there is a unity in political will on the basis of a
Democratic Republic, for the first time such a unanimous political will has
shown itself in Kurdish society and has formed itself to be a part of the state
power within a unitary state. Therefore, it is no incoherence or dishonesty
when I speak about the process of [the Kurds] building a state but rather shows
that I point my finger at an objective reality. What is true is that it is a
dilemma to make politics and become a power [inside the state] on the basis of
narrow separationism. But to occupy a place in the state structures and become
a political power on the basis of democratic participation within the unity of
Turkey is a historic development par excellence. Despite all hinderance and
obstacles this developments is taking its course step by step.
What I tried to express in my
theses on a democratic solution even if late and not formulated in the way it
was supposed to be formulated was the foresight and the will to recognise this
historic development and participate in it. This is neither a tactical attempt
to save the day nor an unprincipled turn-around. It is my attempt to learn a
lesson from the large scale world-wide developments that we can witness nearly
each day in one of its manifestations; to give priority to our own burning and
highly important problems no matter under which conditions and to play the role
I am expected to play. It is the admittedly insufficient attempt to outline
some theses for a new program of the PKK and a political line on a legal level
which I believe to be an honest and correct attempt that is the result of
theoretical and political experience that rests on a rather long accumulation
of knowledge. I have no doubts that a proper understanding of the thoughts I
tried to expose will contribute constructively and significantly to overcoming
the dead-lock in the general democratization and the Kurdish issue which claims
for itself to play the key-role here.
It is true that I have led an inner
struggle about the PKK's understanding of organization and activities
Talking about my responsibility for
the PKK, it is well possible to describe it as the longest and most wide-spread
"Kurdish uprising" and indeed realistic to talk about the painful and
merciless sides of this uprising. But as soon as we come to the responsibility
and competence of individuals and structures inside the PKK, the truth comes
out in a different way.
It can be hardly said that the
[military] activities under the leadership of the PKK had developed into a
proper guerrilla warfare in terms of basic strategy and tactics. Even the more
wrong would it be to suppose that the way of warfare of the high-ranking
responsible persons had been the way I wanted it to be. It would be a more appropriate
sociological description to say that it is the sediments of the tribal, family
and religious backwardness deriving from the heavily feudal structure of
Kurdish society with its partitions and contradictions that have strained over
hundreds of years and now became alive and began to talk within the PKK.
Anybody participating [in the military activities] thinks "mine is the
law" and displays a behaviour and practice that is even contravening the
rules of a feudal social order, never mind the essence of the official
administrative rules of the PKK. Especially in 1997, under the name of an
offensive against village guards, there were attacks on civilians, among them
women and children, that should never be the target of military attacks.
Exactly at that point some people completely ignoring even the limited
ideological and political aspects of the PKK have tried to start an internal
power struggle by saying "the intellectuals have lost" and
"peasantry has taken over" and trying to liquidate the real values of
the party. They used the resources they had taken hold of in order to take over
the representation of the party and at the same time get the people under their
individual influence. I called them the "Gang of Four" because of the
people who led this attempt. I find it important that people know that I was
involved in quite a tough struggle against this from 1987-97. This definitely
does not alleviate my general responsibility, but is important to understand my
moral, political, organizational and practical position. It is not difficult to
find out that the activities that harmed the PKK most have mainly happened in
that period and by the hands of people like these who tried to take control by
themselves. These people have used the advantages that the rural area [of
guerrilla warfare] has rendered them very well and implemented what they knew,
mostly covering up for their deeds by lies. They have not even withheld
themselves from punishing their closest comrades or some supporters from the
people under cheap pretensions, just to gain influence. We are confronted here
with a more dangerous form of the primitive character of power in Kurdish
society, its cruelty, the despotism of feudal landlords and tribal leaders.
Similar things have happened [in the course of liberation struggles] of many
backward societies, for example in Africa, and in the past of any people. The
similar character of the Kurdish social formations in Northern Iraq is widely
known. Moreover, the Ottoman Dynasty has even made fratricide for the sake of
power a decree. A guard of Mustafa Kemal during the National Liberation called
Topal Osman has arbitrarily killed a parliamentarian inside parliament, buried
people alive, until he was killed by a special order of Ataturk. There are some
similar incidents concerning Ethem, the Circassian [leader of a resistance army
against Britain] that might be worth examination. I am giving these examples to
say that similar cruelties occur quite often during uprisings or guerrilla
wars. And it is well documented that there was a systematic struggle against
those who acted like a Gang [inside the PKK]. It is known that there were
comprehensive educational and organizational efforts against them and that the
most deviated ones of them could only be neutralized by internal struggles.
So if these internal fights have
been going on in the 90's, why is it that the prosecutors give a list that
mainly refers to destruction and casualties? The answer can be found if one
considers that both internal and external clashes have been most intense during
that period. The official Susurluk Report [about parliamentary investigations
into the relations between police forces, drug Mafia and fascist death squads
and politicians] openly states that especially from 1993 to 1996 that there
also was a high rate of incidents outside state control, especially for the
death squad assaults and disappearances, and that the state has used its powers
in illegal ways. And it speaks about a still undiscovered gang structure
[inside the state]. According to official statistics, there are about 18,000
murders by unknown assailants. These numbers are being used against the PKK
[although the state admits not to know who has killed these people]. In short,
the chaos of these years was quite an advanced one. And this has very much to
do with the conflict with the PKK. Similar if not even crueller events have
happened in Bosnia and Kosovo and in the past in Palestine and Ireland in the
course of armed conflicts. Against this background it is understandable that it
was hard to control the PKK which had become a major power for the first time
and didn't want to lose this position, and especially when one considers how
the individuals [fighting in the PKK] had grown up. The PKK has not succeeded
to become a regular armed force (any activity of which is happening on the
basis of orders.) No matter how hard it was tried, success was limited. I am
not saying this because I don't see my own responsibility, I am saying this so
that reality may be understood as it is. I have issued many commands and
perspectives, I have tried hard to educate [our cadres] but this was not enough
to implement my own ideas and the official tactical line of the organization,
it all remained limited. Individual or local initiatives were dominant.
This is the truth about the events
that have caused huge pains inside and outside our organization, events that
cannot be approved and that show a clear deterioration. Over the last years
these incidents have decreased that much that one might say they don't occur any
more since the said persons and structures have been neutralized to a
significant extend. This has happened due to the internal struggle. I would
like to reiterate that such incidents have not occurred as much as they did in
other violent conflicts and that in spite of all the [governmental] propaganda
they have been rather limited in our organization. An objective observer will
not find it hard to establish the degree of my personal responsibility.
A similar, even more striking
situation was the case for the years after 1996, when the state began to gain
control over its own structures and the death-squad assaults dropped to a
minimum level. Shortly, I find it important to throw some light on the
organization's and my personal responsibility for those years which were the
stage of so much pain and so many losses both in terms of number and in terms
of quality. The "Killer of 30,000 people" and the "Baby
killer" are unfair, unjust and unreal accusations. I reproach them. What
is true is that there was a struggle to legitimately live like human beings and
that many sacrifices were given for a more democratic society and republic. Now
if this [struggle] has not been as it was supposed to be and if there were
incidents and killings that I will never accept and that cannot be approved
politically and morally, justice is done when the objective and subjective
responsibilities of both sides have been truly established. I am one of the
main responsible persons. But I am not the only one. In this social uprising, the
democratic and cultural demands of which have been officially recognised a few
times without the necessary being done, everybody from the highest organs of
the state to the backward and stupid, cruel persons, all of us are responsible.
To realise this as soon as possible and to do whatever any of us has to do is a
necessity for a correct political and moral understanding. A fair legal system
can only emerge from such an ethical philosophy and on the basis of democratic
policy.
This is what I have to say about my
responsibility for the armed clashes, the casualties and painful realities that
I am supposed to be responsible for. I have no doubts that it is me who has the
most demand and who most deserves a peace in justice. I will always employ all
means I have and try to do what is my duty, so much is for certain.
Two roads and two historic outcomes
of the relation between Turkey and the Kurds and the Kurdish uprising
The lack of a scientific-democratic
approach to the Kurdish issue is the fundamental reason why Turkey has not been
able to achieve interior democratization and a leading role appropriate to its
potential in its foreign relations ever since the foundation of the Republic.
Until today, the way of dealing with the matter was that of mutual uprising and
repression, however without any of the sides learning from these experiences
just injuring one another. Neither in the diagnosis nor in the treatment was
there a scientific approach. Mutual fears and vested economic or day-to-day
political interests have pressed so hard that no result was obtained and the
whole problem has escalated. Sometimes it was thought that a proper criminal
persecution would solve the problem, at other times some concessions were given
to any odd feudal tribal or religious leader who appeared and thus the
situation calmed down, then again it was thought that everything would be
solved through mere educational facilities and economic progress. Since any of
these attempts was to an ever growing extend founded on the denial [of the
Kurdish identity] even the slightest counter move that tried to base itself on
the issue as such was condemned to be radical.
Nowadays everybody talks about the
radicalism of the methods of the PKK without actually seeing how the rulers
behaved historically and politically. Repression that goes as far as banning a
language necessarily causes any resistance to be violent and thus sparks off
yet another wave of repression. It should be understood by now that a
one-dimensional and un-historical approach to the matter won't serve any other
purpose than to inflate the problem to the size of mountains. On the threshold
of the year 2000 everyone feels almost physically that Turkey is in a complete
dead-lock due to the Kurdish issue. While some, especially those actively
participating in the war, are confronted with immense pains and losses; a small
layer of people has found a lifestyle and style of politicking based on the
mega profits and the political power they draw from the war as its rentiers.
Literally, a social partition of labour has been established. This fact plays a
crucial role in the rentier economy, the tremendous social degeneration and in
the disfunctionality of politics over the last years. As if Turkey was bound to
this destiny it has become a socially widespread habit to go for one's own
narrow day-to-day personal or group advantages rather than searching for a
solution. This is a highly dangerous state for any society. The essence of this
dead-lock is the complete absence of constructive political ideas or basic
ethic norms within the active social forces on the one hand and an extreme
insensitivity of the state forces on the other hand. As long as this
equilibrium is not terminated, any progress of Turkey remains unthinkable.
By the beginning of the 1990's
there was a limited development concerning a scientific and democratic approach
to democratization in general and its most important part, the Kurdish issue or
however one might prefer to call it. The fact that no use was made of it sparked
off what may have been the most devastating effects in the history of Turkey. A
meaningless insistence on war has brought casualties to a dimension that is
hard to bear for either of the sides involved. Social degeneration and narrow
economic greed have reached their hey-day in our times.
I don't want to dwell on this issue
any longer since it was extensively mentioned in the prosecutors' indictment
and final statements and in my previous defence statement. The Imrali Trial
itself is characterized by this very dead-lock - and yet rests upon the said
historic, social and political reality. So will the trial remain locked on to
the tradition of political jurisdiction and serve to escalate the problem? Or
will it show a glimpse of a break-away, in favour of questioning the future, at
least in terms of the way it approaches the matter? These are the most burning
questions demanding an urgent answer. The answers the trial gives to these
questions will determine in how far it manages to break away from classical lawsuits.
But even now I am positive that both in society and on the governmental level -
inside Turkey and abroad - there are intense discussions about these two
questions and their answers, and these discussions do bring about results.
I see it as my historic duty to
answer these questions from my own point of view. The answers I will give will
make up the essence of my defence. As far as the discussion about my
responsibility for the emergence and the development of the Kurdish issue and
thus the uprising is concerned, I feel that the most important dimension of my
responsibility is to answer the questions what kind of future we have to await
from the conflict or uprising and how a new order might be shaped. I am
convinced that it is of vital importance that the answers concerning the future
are as important as the answers concerning the past.
Nothing can be as unsatisfactory as
judging the PKK according to the narrow criteria of Criminal Law. I am
concerned to overcome this danger in my trial. It is true that the history of
the PKK has left a violent impact on the last quarter of a century of Turkey.
But it is more true that it will have an even higher impact on the future of
Turkey, both from the point of view of intensity and of duration. Just as much as
the 21st Century will be lost for Turkey if we don't judge matters right, a
correct judgement will not only relief Turkey from this its haunting key
problem but will even empower it to become the leading country of the region in
the coming century. How true and important it indeed may be to say that Turkey
is standing at the cross-roads, at a turning point; what is even more important
is to say that now, mistakes and failures are inexcusable and that we are
absolutely condemned to arrive at a proper solution. The real dishonesty and
the real treason here is not to see what's right and not to undertake any
effort to such ends. Infantile mistakes occur as much in the history of
organizations as they do occur in the ontogenesis of individuals. Up to a certain
point one may act understandingly and forgivingly. But those who insist on
their mistakes, who are unable to play their historic roles even at such a
advanced stage cannot escape from being held responsible for their shortcomings
and for treason. That's why I think it is my basic responsibility to question
the future of the PKK as much as to judge its past and to define my role in
possible future developments. No matter what this approach of mine may
contribute to the legal judgement of the past, I am sure that it will play an
important role in any progress on the political field and even in economy and
foreign relations. I believe that it will contribute analytically to
establishing the move that Turkey is expected to make in the region to become a
leading force on the basis of a Democratic Republic respecting human rights and
democracy, a move that is being discussed for some time now.
To insist on Dilemma and Armed
Conflict means to loose the coming Century.
If the Kurdish issue is being dealt
with in the classical way, far from democratic and cultural considerations, the
outcome of the Imrali Island sessions will be an escalated continuation of the
dilemma and thus of the armed conflict that relies on quite a strong
infrastructure. I find the assessments that were made during the court sessions
in a heavily emotional, stifling and oppressive atmosphere extremely dangerous
- not so much for myself but for the future of the country. Since this trial
deals with issues that are incomparably bigger than my physical existence is,
all the possible outcomes have to be seen very clearly. This is certainly not
meant as a threat. It's only about possible events that those with advanced
political and strategic analytical power can foresee anyway:
1- The military armed conflict will institutionalize and
continue. It is obvious that the PKK will be able to continue like this for
years, relying on its positions inside the country and in most of the important
countries of the world, on both sides of the frontiers, on its experience, its
logistic supply powers, its facilities of receiving weapons, its financial
resources, its recruitment power and increasing reserves and its rootedness in
the advantageous geographic environment. It can conveniently wage a low or
medium scale war. The army as well may continue this war much longer due to its
experience and superior technical facilities. And the likelihood that this
military option wins out is quite high indeed. Never mind the last 15 years, it
may spread over the whole coming century. Of course the slippery position of
the region with its proneness to any sort of alliances carries the risk that
the conflict will be further incited by politico-military relations on a world
scale. Perhaps it is a candidate for the most risky battlefield of the world.
Because there is a lot of conflicting interests here. Northern Iraq is but a
small example for that. It is hard to determine where this will be leading to.
Most probably, the new Arabic
option, with or without Saddam, will interfere by furthering the relations they
do have already with the PKK on one or another level according to their
conflicts with Turkey. The Water Question and some historic and economic interests
will add to their posing a serious threat as far as an escalation of the armed
conflict is concerning. Such activities will increase with the support of
solidarious countries, relying on the Kurds in general and the PKK in special.
Iran will be a fundamental factor
in the continuation of the armed conflict due to its traditional ideological
conflicts with Turkey, relying on the Hisbullah but much more so on the Kurds,
on the PKK. The probability of tense relations is very high.
Syria will play an important part
in the escalation of the conflict: Having made peace with Israel, Syria will
concentrate on the contradictions with its northern neighbour Turkey, be it on
the subject of the province Antakya (Antiochia/Alexandrette), be it on the
Water Question, be it due to its relations to Iraq and even Iran. It will see
the PKK as a closer ally than ever.
Independent and more intense
relations between Israel and the Kurds are inevitable after its peace with the
Arabs, perhaps even on quite an advanced level.
The traditional contradictions
between Turkey and the Turkic republics,some Caucasus and Balkan countries
might develop further, an anti-Turkey politics of Armenia, Serbia or Cyprus
might develop in the short run and naturally seek to use the PKK and thus will
be in a position to really escalate the war. A continuos development of
interest and relations is inevitable and will accelerate the logistic and
technical supply.
The role of Europe and Greece as a
part of it is quite clear. Inevitably, its multi-dimensional role as an area
where the Kurds are most institutionalized and from where they can draw a lot
of strength will continue in many ways.
Even if there was an alliance
between America, England and Turkey, their plan over Iraq, expected Israeli-Arab
reconciliation and thus developments of relations with the Arab world, and also
attempts to develop relations with Iran could all reach unexpected dimensions
as it has in the case of Northern Iraq.
These strategic powers all have a
high potential to enter into relations with the Kurds and thus with the PKK due
to their own interests, even if these relations are limited now and most of
these powers proclaim that they were against the PKK. This potential in turn
might contribute to escalate the armed conflict.
The other factor that might serve
to widen the armed conflict is the Kurdish population of Iran, Iraq, Syria and
the Caucasus and in fact all over the world. These scattered people might
unite, and the PKK has achieved this unity to an important extend. This is a
new development that deserves examination. There are the conditions to benefit
from all these areas and people in terms of logistics, man-power, financial
resources and relations.
If we also consider the geographic
conditions, the significant support the Kurds of Turkey give and our
sympathizers and members in the prisons, the dimensions of the risk of conflict
might be understood better.
We could explore this point much
further but the above remarks might already show that there is a dangerous and
destructive potential that cannot be compared to the past, that might grow and
be activated. This is the most dangerous aspect for the future.
An intensification of human rights
and democracy deficiencies that might be compared to the past situation in the
Lebanon or the contemporary situation of Yugoslavia or Iraq would bring a
growing isolation of Turkey and might turn it into the stage of dangerous
scenarios. The positions the Kurdish movement has gained in Northern Iraq and
many other places all over the world and its degree of institutionalization
will obviously serve as a pretext for interventions similar to that in the
Kosovo crisis once the conditions have ripened. These conditions, the extreme
nationalist wave [in Turkey] that would further escalate if the armed conflict
continues and the imminent petrification of the power structures [of Turkey]
indicate that quite shattering developments will take place.
The only option to prevent such
processes is a democratic way of dealing with problems, first of all the
Kurdish problem. The policy of 'Peace at home, peace abroad' [a slogan of
Ataturk] proves right at this very point.
Two roads and two historic outcomes
of the relation between Turkey and the Kurds and the Kurdish uprising
The lack of a scientific-democratic
approach to the Kurdish issue is the fundamental reason why Turkey has not been
able to achieve interior democratization and a leading role appropriate to its
potential in its foreign relations ever since the foundation of the Republic.
Until today, the way of dealing with the matter was that of mutual uprising and
repression, however without any of the sides learning from these experiences
just injuring one another. Neither in the diagnosis nor in the treatment was
there a scientific approach. Mutual fears and vested economic or day-to-day
political interests have pressed so hard that no result was obtained and the
whole problem has escalated. Sometimes it was thought that a proper criminal
persecution would solve the problem, at other times some concessions were given
to any odd feudal tribal or religious leader who appeared and thus the
situation calmed down, then again it was thought that everything would be
solved through mere educational facilities and economic progress. Since any of
these attempts was to an ever growing extend founded on the denial [of the
Kurdish identity] even the slightest counter move that tried to base itself on
the issue as such was condemned to be radical.
Nowadays everybody talks about the
radicalism of the methods of the PKK without actually seeing how the rulers
behaved historically and politically. Repression that goes as far as banning a
language necessarily causes any resistance to be violent and thus sparks off
yet another wave of repression. It should be understood by now that a
one-dimensional and unhistorical approach to the matter won't serve any other
purpose than to inflate the problem to the size of mountains. On the threshold
of the year 2000 everyone feels almost physically that Turkey is in a complete
dead-lock due to the Kurdish issue. While some, especially those actively
participating in the war, are confronted with immense pains and losses; a small
layer of people has found a lifestyle and style of politicking based on the mega
profits and the political power they draw from the war as its rentiers.
Literally, a social partition of labour has been established. This fact plays a
crucial role in the rentier economy, the tremendous social degeneration and in
the disfunctionality of politics over the last years. As if Turkey was bound to
this destiny it has become a socially widespread habit to go for one's own
narrow day-to-day personal or group advantages rather than searching for a
solution. This is a highly dangerous state for any society. The essence of this
dead-lock is the complete absence of constructive political ideas or basic
ethic norms within the active social forces on the one hand and an extreme
insensitivity of the state forces on the other hand. As long as this equilibrium
is not terminated, any progress of Turkey remains unthinkable.
By the beginning of the 1990's
there was a limited development concerning a scientific and democratic approach
to democratization in general and its most important part, the Kurdish issue or
however one might prefer to call it. The fact that no use was made of it
sparked off what may have been the most devastating effects in the history of
Turkey. A meaningless insistence on war has brought casualties to a dimension
that is hard to bear for either of the sides involved. Social degeneration and
narrow economic greed have reached their hey-day in our times.
I don't want to dwell on this issue
any longer since it was extensively mentioned in the prosecutors' indictment
and final statements and in my previous defence statement. The Imrali Trial
itself is characterized by this very dead-lock - and yet rests upon the said
historic, social and political reality. So will the trial remain locked on to
the tradition of political jurisdiction and serve to escalate the problem? Or
will it show a glimpse of a break-away, in favour of questioning the future, at
least in terms of the way it approaches the matter? These are the most burning
questions demanding an urgent answer. The answers the trial gives to these
questions will determine in how far it manages to break away from classical
lawsuits. But even now I am positive that both in society and on the
governmental level - inside Turkey and abroad - there are intense discussions
about these two questions and their answers, and these discussions do bring
about results.
I see it as my historic duty to
answer these questions from my own point of view. The answers I will give will
make up the essence of my defence. As far as the discussion about my responsibility
for the emergence and the development of the Kurdish issue and thus the
uprising is concerned, I feel that the most important dimension of my
responsibility is to answer the questions what kind of future we have to await
from the conflict or uprising and how a new order might be shaped. I am
convinced that it is of vital importance that the answers concerning the future
are as important as the answers concerning the past.
Nothing can be as unsatisfactory as
judging the PKK according to the narrow criteria of Criminal Law. I am
concerned to overcome this danger in my trial. It is true that the history of
the PKK has left a violent impact on the last quarter of a century of Turkey.
But it is more true that it will have an even higher impact on the future of
Turkey, both from the point of view of intensity and of duration. Just as much
as the 21st Century will be lost for Turkey if we don't judge matters right, a
correct judgement will not only relief Turkey from this its haunting key
problem but will even empower it to become the leading country of the region in
the coming century. How true and important it indeed may be to say that Turkey
is standing at the cross-roads, at a turning point; what is even more important
is to say that now, mistakes and failures are inexcusable and that we are
absolutely condemned to arrive at a proper solution. The real dishonesty and
the real treason here is not to see what's right and not to undertake any
effort to such ends. Infantile mistakes occur as much in the history of
organizations as they do occur in the ontogenesis of individuals. Up to a
certain point one may act understandingly and forgivingly. But those who insist
on their mistakes, who are unable to play their historic roles even at such a
advanced stage cannot escape from being held responsible for their shortcomings
and for treason. That's why I think it is my basic responsibility to question
the future of the PKK as much as to judge its past and to define my role in
possible future developments. No matter what this approach of mine may
contribute to the legal judgement of the past, I am sure that it will play an
important role in any progress on the political field and even in economy and
foreign relations. I believe that it will contribute analytically to establishing
the move that Turkey is expected to make in the region to become a leading
force on the basis of a Democratic Republic respecting human rights and
democracy, a move that is being discussed for some time now.
To insist on Dilemma and Armed Conflict
means to loose the coming Century.
If the Kurdish issue is being dealt
with in the classical way, far from democratic and cultural considerations, the
outcome of the Imrali Island sessions will be an escalated continuation of the
dilemma and thus of the armed conflict that relies on quite a strong
infrastructure. I find the assessments that were made during the court sessions
in a heavily emotional, stifling and oppressive atmosphere extremely dangerous
- not so much for myself but for the future of the country. Since this trial
deals with issues that are incomparably bigger than my physical existence is,
all the possible outcomes have to be seen very clearly. This is certainly not
meant as a threat. It's only about possible events that those with advanced
political and strategic analytical power can foresee anyway:
1- The military armed conflict will institutionalize and
continue. It is obvious that the PKK will be able to continue like this for
years, relying on its positions inside the country and in most of the important
countries of the world, on both sides of the frontiers, on its experience, its
logistic supply powers, its facilities of receiving weapons, its financial
resources, its recruitment power and increasing reserves and its rootedness in
the advantageous geographic environment. It can conveniently wage a low or
medium scale war. The army as well may continue this war much longer due to its
experience and superior technical facilities. And the likelihood that this
military option wins out is quite high indeed. Never mind the last 15 years, it
may spread over the whole coming century. Of course the slippery position of
the region with its proneness to any sort of alliances carries the risk that
the conflict will be further incited by politico-military relations on a world
scale. Perhaps it is a candidate for the most risky battlefield of the world.
Because there is a lot of conflicting interests here. Northern Iraq is but a
small example for that. It is hard to determine where this will be leading to.
Most probably, the new Arabic
option, with or without Saddam, will interfere by furthering the relations they
do have already with the PKK on one or another level according to their
conflicts with Turkey. The Water Question and some historic and economic
interests will add to their posing a serious threat as far as an escalation of
the armed conflict is concerning. Such activities will increase with the
support of solidarious countries, relying on the Kurds in general and the PKK
in special.
Iran will be a fundamental factor
in the continuation of the armed conflict due to its traditional ideological
conflicts with Turkey, relying on the Hisbullah but much more so on the Kurds,
on the PKK. The probability of tense relations is very high.
Syria will play an important part
in the escalation of the conflict: Having made peace with Israel, Syria will
concentrate on the contradictions with its northern neighbour Turkey, be it on
the subject of the province Antakya (Antiochia/Alexandrette), be it on the
Water Question, be it due to its relations to Iraq and even Iran. It will see
the PKK as a closer ally than ever.
Independent and more intense
relations between Israel and the Kurds are inevitable after its peace with the
Arabs, perhaps even on quite an advanced level.
The traditional contradictions
between Turkey and the Turkic republics, some Caucasus and Balkan countries
might develop further, an anti-Turkey politics of Armenia, Serbia or Cyprus
might develop in the short run and naturally seek to use the PKK and thus will
be in a position to really escalate the war. A continuos development of
interest and relations is inevitable and will accelerate the logistic and
technical supply.
The role of Europe and Greece as a
part of it is quite clear. Inevitably, its multi-dimensional role as an area
where the Kurds are most institutionalised and from where they can draw a lot
of strength will continue in many ways.
Even if there was an alliance
between America, England and Turkey, their plan over Iraq, expected
Israeli-Arab reconciliation and thus developments of relations with the Arab
world, and also attempts to develop relations with Iran could all reach unexpected
dimensions as it has in the case of Northern Iraq.
These strategic powers all have a
high potential to enter into relations with the Kurds and thus with the PKK due
to their own interests, even if these relations are limited now and most of
these powers proclaim that they were against the PKK. This potential in turn
might contribute to escalate the armed conflict.
The other factor that might serve
to widen the armed conflict is the Kurdish population of Iran, Iraq, Syria and
the Caucasus and in fact all over the world. These scattered people might
unite, and the PKK has achieved this unity to an important extend. This is a
new development that deserves examination. There are the conditions to benefit
from all these areas and people in terms of logistics, man-power, financial
resources and relations.
If we also consider the geographic
conditions, the significant support the Kurds of Turkey give and our
sympathisers and members in the prisons, the dimensions of the risk of conflict
might be understood better.
We could explore this point much
further but the above remarks might already show that there is a dangerous and
destructive potential that cannot be compared to the past, that might grow and
be activated. This is the most dangerous aspect for the future.
An intensification of human rights
and democracy deficiencies that might be compared to the past situation in the
Lebanon or the contemporary situation of Yugoslavia or Iraq would bring a
growing isolation of Turkey and might turn it into the stage of dangerous
scenarios. The positions the Kurdish movement has gained in Northern Iraq and
many other places all over the world and its degree of institutionalisation
will obviously serve as a pretext for interventions similar to that in the
Kosovo crisis once the conditions have ripened. These conditions, the extreme
nationalist wave [in Turkey] that would further escalate if the armed conflict
continues and the imminent petrification of the power structures [of Turkey]
indicate that quite shattering developments will take place.
The only option to prevent such
processes is a democratic way of dealing with problems, first of all the
Kurdish problem. The policy of 'Peace at home, peace abroad' [a slogan of
Ataturk] proves right at this very point.
Conclusion: The Imrali process can
be a historic starting-point
As it has been outlined above the
legal process on Imrali Island might be evaluated as a chance in terms of being
the starting-point of a new process. Any social order one comes across in
history is the fruit of a major conflict. I believe that the outcome of this
conflict and this uprising is the democratic social order of the future.
Inexorably any insistence on the but dilemma and the conflict will escalate
negative historic developments, a positive and analytical approach will end the
conflict and create the grounds for lasting peace and fraternity. Therefore, it
is extremely important that we do not misuse our pains and our casualties as
instruments of revenge but as a strong corollary for a solution and for peace.
We have to tackle our problems with maturity and reason and carefully evaluate
our losses and gains. Important social problems will always cause pains and
losses as long as they are not solved. Both history and the present are full of
even more devastating examples for that.
In the light of the lessons we
might learn from correctly examining the uprisings that have evolved from long
historical processes and that have indeed had significant social reasons, we
see that it is possible and equally necessary to make sure that the `Insurgency
Movement` under the leadership of the PKK has indeed been the last one and that
the armed conflict has been the ultimate one. In my defence, I have basically
tried to outline this very point. It might be insufficient, it might have
certain shortcomings, but I would like to stress that I have pointed at the
right way and that I am as honest as I am eager to walk this way. The scientific and democratic content of this
approach is beyond discussion. It should not be seen as a flaw or a dilemma
that I have tried to arrive at moral and political values and see them as a
solution rather than delivering a defence in the legal sense of the word. It
should rather be seen as a milestone in a historic development. And the fact
that any other approach to the matter would not go beyond deepening the actual
dilemma should be taken as the result of long experience.
What I can do in my life after now
is to contribute to a new peace and fraternity process alongside the strong
people to whom I am closely bound. Against this background it is historically
important to see the positive decision that we made for the Democratic Republic
against this background. I will no doubt do what is necessary if given the
chance to do so. The honesty of my words can only prove itself by my practical
deeds.
The reasonability of the state is
without doubt of crucial importance. I find the statement that the Terror and
Intelligence Branch of the Police has made following the first day of my trial
quite important and would therefore like to quote from it:
"To undertake some steps to
solve the South-Eastern problem does not mean to make concessions to the PKK.
The public has to be prepared for that. The media has an important job to do.
If the state makes a positive step and the incidents decline even by 50% this
is a big development... The state does not approach the problem with revenge or
feudal emotions but scientifically. If there is a way open to fundamentally
solve the problem the state will not be intransigent. According to the results
one gets from this trial, the state will also make a few democratic and
cultural steps and end this whole business at last. The Turkish people cannot
endure living with terror any longer."
We are confronted with a selected
example of the mature and reasonable approach of the state. The desired results
will show up as soon as this approach becomes practical. We should pay a bit
more attention to the fact that with the unilateral cease-fire of 1st September
1998, and even in face of the Imrali trial, the incidents have not declined to
50% but to a much lower level. This level has not been reached because of
weakness (of the PKK) or by itself. A responsible approach, the need to start a
new process, on the one hand, the reasonability of the state and on the other
hand our answer within the confinements of our powers are the factors that
brought about this level. What is necessary next - and the statement mentions
it - is that steps are being taken, that the PKK lays down arms and that this
business is ended which our people can no longer endure. I reiterate my belief
that I can play my role successfully by using my moral authority.
The way to a democratic solution
now leads us to developing the democratic system and drawing its outlines. Some
excerpts from the speech the President of the Constitutional Court has
delivered for the 37th jubilee of the Court raise some hopes and point at the
right way:
"In a lawful, social,
laicistic and democratic state
respecting human rights such as the Republic of Turkey, it is obliging to
protect and foster human rights and freedoms according to contemporary universal
standards." "Another restriction imposed upon the freedom of speech
is in terms of language. Paragraph 3 of article 26 says that 'no prohibited
language must be used in the expression and distribution of thoughts'. However,
the European Convention of Human Rights does not comprise any rules according
to which the use of a certain language for the expression and distribution of
thoughts might be constrained."
"The efforts to lift the
confinements and prohibitions in constitution and law and to reach the level of
contemporary democracies in terms of human rights continue. Our media, civil
society organisations and intellectuals have made some proposals towards a
wider space for the freedom of speech in the constitution. We hope that a
public opinion and a political will emerging thus may effect some
constitutional changes. As an indication of the level of civilisation the
widely accepted human rights norms that are swiftly progressing internationally
should be reflected in our law, our constitution and legal rules should be
revised with respect to international agreements and the universal standards
aimed at in covenants should be incorporated in our legal system."
These lines set out the foundation
of democratic and cultural rights and show a way toward a solution. This is
where it is going to and it is a necessity of contemporary, democratic
civilisation that sooner or later will emerge. The Democratic Republic of
Turkey and its Democratic Constitution will be its concrete expression.
I declare that I believe that in
spite of my conviction on grounds of article 125 of Criminal Law I will no
doubt be acquitted morally and politically by history, and I reiterate my
highest wish to serve for an honourable peace with justice in a Democratic
Republic which I regard as a virtue.