The Government regrets that the death sentence has been passed on Abdullah Ocalan by the State Security court of Ankara earlier today and joins the international community in appealing for clemency. Ireland also associates itself with the declaration of the EU Presidency on the outcome of the Ocalan trial.
The Government's opposition to capital punishment as a matter of principle, irrespective of the defendant and the offence of which he is convicted, is well known. As the Minister for Foreign Affairs made clear in the Seanad earlier this year, it is the deeply held view of this Government and that of the other member states of the European Union that the abolition of the death penalty contributes to the enhancement of human dignity and the progressive development of human rights. For those reasons, we and our partners are working assiduously towards the universal abolition of the death penalty. As the Minister for Foreign Affairs said: "the continued use of the death penalty diminishes us all". Ireland has been following the trial of Abdullah Ocalan closely and a representative of the Irish Embassy in Ankara was present at today's proceedings. Earlier, the Minister for Foreign Affairs, together with our EU partners, called on Turkey to ensure a free and fair trial for Mr. Ocalan. On the occasion of the visit to Dublin of Speaker Cetin of the Turkish Grand National Assembly, the Minister for Foreign Affairs emphasised Ireland's concern to see fair and correct treatment for Mr. Ocalan 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 admitted to the trial. He also stressed Ireland's strict opposition to the death penalty.
The Government understands that Mr. Ocalan's lawyers have already given notice that they intend to appeal the decision of the Ankara State security court. This appeal will be made in the first instance, to the higher court of appeals in Turkey. If the appeal fails at that level it will be submitted to Parliament where it will be considered by a Parliamentary Committee and, if that committee so decides, by plenary. Ultimately a decision to carry out the sentence would require the consent of the President. In addition to these domestic remedies, Mr. Ocalan's lawyers have also indicated that they intend to appeal to the European Court of Human Rights.
Deputies will be aware that the death penalty has not been implemented in Turkey for the past 15 years, as Deputy Enright said. This is a significant achievement. Ireland would very much hope that Turkey's existing moratorium on execution would be maintained pending the early abolition of the death penalty. As the Council of Europe has recently recalled, President Demirel joined all the other heads of State and Government of the Council of Europe at the Strasbourg Summit in 1997 in a pledge to abolish the death penalty and, pending that, to uphold existing moratoria on executions.
The capture and trial of Abdullah Ocalan attracted widespread attention in the international community and presented Turkey with a difficult and sensitive case. Mr. Ocalan was arrested in mid-February in Kenya and, following charges of treason, separatism and murder, was incarcerated on the island-prison of Imrali. On 3 March, the Turkish authorities granted unrestricted access to Mr. Ocalan in Imrali prison to representatives of the Council of Europe Parliamentary Assembly. 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. However, they expressed some unease about his psychological health and recommended that he be provided with a radio, newspapers and books. Following the delegation's visit, a number of recommendations were accepted by the Turkish authorities.
Mr. Ocalan's trial opened before a State security court comprising two civilian judges and one military officer on 31 May with a reading by the prosecution of a 139 page indictment accusing Mr. Ocalan of treason, separatist activities and murder. The trial was adjourned on 8 June to allow Mr. Ocalan's defence team to prepare their case. On 18 June, in a move which was widely welcomed by the international community, the Turkish Parliament adopted a constitutional amendment removing military members from all State security courts in accordance with a European Court of Human Rights's ruling.
Mr. Ocalan's trial resumed on 23 June when the defence team presented their case before three civilian judges. Following a further adjournment, the Court met again this morning when the presiding judge pronounced the verdict on Abdullah Ocalan, sentencing him to death on charges of treason, separatism and murder. In his statement the presiding judge is reported as saying:
the Court has decided unanimously to condemn the defendant to death since Ocalan's crime of aiming to divide Turkish territory by orders he gave to the PKK and the decisions he took are established without doubt.
On the grounds that the PKK's acts had claimed "the lives of thousands of innocent people" it is understood that the judge also refused to commute the sentence to life imprisonment under Article 59 of the Turkish Penal Code as requested by the defence team. In Mr. Ocalan's final statement to the court he is reported to have said that he did not accept the treason charges although earlier in the trial he is reported to have accepted all charges against him but had asked to be allowed to live to mediate peace between PKK rebels and the Turkish State.
Ireland, and its partners in the European Union, continue to be concerned by the Kurdish question. Since 1984 more than 30,000 people have died in fighting between the Turkish Army and the PKK. The EU has indicated that it upholds the territorial integrity of Turkey and utterly condemns terrorism. However, it has made clear to Turkey that the fight against terrorism must be conducted with due respect for human rights and the rule of law.
