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Dáil Éireann debate -
Tuesday, 1 Jun 1999

Vol. 505 No. 6

Written Answers. - Human Rights Abuses.

Jim O'Keeffe

Question:

87 Mr. J. O'Keeffe asked the Minister for Foreign Affairs if he has satisfied himself that fair procedures arise in connection with the detention and interrogation by Turkish authorities of the Kurdish leader, Abdullah Ocalan; and, if not, the steps, if any, he is taking in this regard. [14530/99]

As I indicated in my reply on this matter to Deputy Rabbitte on 11 May, following the arrest of Abdullah Ocalan, the EU General Affairs Council issued a declaration on 22 February which took note of the assurance of the Turkish Government that Mr. Ocalan would receive a fair trial. We emphasised, however, that we expected this to mean fair and correct treatment and an open trial according to the rule of law before an independent court, with access to legal counsel of his choice and with international observers admit ted to the trial. We also reiterated our strong opposition to the death penalty. I communicated these views directly to the then speaker of the Turkish Grand National Assembly during his visit to Dublin in early March and he responded to my concerns positively.

Mr. Ocalan appointed a team of lawyers who met with him at the island prison of Imrali on a regular basis. A preliminary hearing of the Ocalan case was held in the Ankara State Security Court on 30 April. Subsequently, Mr. Ocalan's lawyers threatened to withdraw from the case citing allegations of harassment by the authorities including an assault following the preliminary hearing. They also complained that they were denied private access to him during their visits.

On 3 March the Turkish authorities granted unrestricted access to Mr. Ocalan in Imrali prison to representatives of the Council of Europe Parliamentary Assembly. In their report, they described the material conditions of his detention as of a high standard but they recommended that he be provided with a radio, newspapers and books. With regard to his outdoor exercise facility, they recommended that he be permitted from time to time access to a larger area. They also expressed some unease about his psychological health due to his solitary detention in a remote location under a high security regime. However, the delegation declared itself satisfied that Mr. Ocalan was not at risk of physical ill treatment and from interviews with Mr. Ocalan and the three doctors attending him was satisfied that his physical health was good. Following their visit, a number of their recommendations were accepted by the Turkish authorities including the provision of access to radio and newspapers.

Mr. Ocalan's trial which is taking place before a State Security Court comprising two civilian judges and one military officer opened Monday 31 May with a reading by the prosecution of a 139 page indictment accusing Mr. Ocalan of treason and separatist activities. The incoming Turkish government has announced its intention to amend the law to remove the military officer from the Security Court. However, demands by Mr. Ocalan's defence team to have the case adjourned to allow implementation of the governments commitment were rejected by the court. As a result of this, two members of Mr. Ocalan's defence team withdrew from the case.

Space at the trial venue is restricted and seats have been allocated to a representative body of foreign and Turkish citizens including journalists. It is understood that at the opening session 20 journalists and 12 foreign nationals were permitted to attend. On my instructions the Embassy in Ankara made application to attend the trial and like our EU partners, we have been allocated a place at the trial for portions of the proceedings. The Embassy also processed the application to attend the trial of an Irish member of the Council of Europe Parliamentary Assembly, Deputy Enright.

The Government has strongly emphasised in its bilateral contacts with the Turkish authorities the importance of a free and fair trial for Mr. Ocalan and I will be following proceedings in the case with the closest attention.
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