The arrest by the Turkish authorities in recent days of Abdullah Ocalan, leader of the PKK, has focused attention on the problems concerning the Kurdish population in Turkey and on Turkey's relations with the member states of the European Union. To understand the issues it is useful to look briefly at the background to them.
The situation of the Kurdish population is highly complex. Questions of human rights, cultural identity, territorial integrity, the fight against terrorism and Turkey's important and increasing role as a regional power straddling Europe and the Middle East are all closely interwoven.
The historical background to the issue is well known. Following the break-up of the Ottoman Empire and the establishment of the modern Turkish state and other states in the region, the Kurdish population of more than 20 million found itself dispersed within several borders.
While detailed statistics are not available, there are approximately 12 million people of Kurdish origin in Turkey, 4 million in Iraq, 5.5 million in Iran and 1 million in Syria. Around 500,000 live in the Caucasus region of the former Soviet Union. Since the 1960s, large numbers have settled in various European countries, where they frequently form part of a much larger Turkish immigrant community.
In Turkey, people of Kurdish origin form just under 20 per cent of the total population. While a large number now live in urban areas, the majority are located in the south-east of the country. Since the establishment of the modern Turkish state, based on Ataturk's principle of "one nation, one state", the policy pursued toward the Kurdish identity has been largely one of involuntary assimilation.
The modern Kurdish movement for cultural autonomy as well as economic development of the Kurdish region dates from the 1960s when Kurdish intellectuals allied themselves with the political left in Turkey. However, splits within the political left saw the rise of radical revolutionary movements inspired by Maoism, which formed into various revolutionary communist groups within Turkey. Among this trend was the Kurdistan Workers' Party, known as the PKK, established in 1978. This combined Kurdish Nationalist and separatist demands with a Marxist-Leninist ideology. From the outset it was committed to armed struggle to achieve its objectives. The PKK openly declared its guerrilla campaign against the Turkish state in 1984, the objective being an independent Kurdish state. In the same year the National Liberation Front of Kurdistan, the ERNK, was established. The leader of both the PKK and the ERNK was Abdullah Ocalan.
The military conflict between the PKK and the Turkish armed forces over the past two decades has tended to overshadow the fact that various Kurdish political forces have sought to advance the interests of the Kurdish population within mainstream Turkish politics. There have been diverging approaches on the issue of political status for the Kurdish region ranging from integration to various forms of regional or local autonomy. However, these Kurdish political forces have shared the objective of recognition of the Kurdish cultural identity, political and democratic rights and the economic and social development of the region. The difficulty of separating these aims from the objectives of the PKK and its terrorist campaign has contributed to the absence of progress towards a political solution. Since 1984 an estimated 30,000 people have died in fighting between the Turkish army and the PKK.
It is reported that in October last, Turkey put considerable pressure on its neighbour Syria to expel Abdullah Ocalan who had been based there for a number of years. He was forced to leave Syria and left initially for Russia. On 12 November 1998 Ocalan was arrested at Rome airport on foot of arrest warrants issued by Turkey and Germany. He sought political asylum in Italy but the Turkish government demanded his extradiction. Under Italian law, Ocalan could not be extradited to Turkey because of capital punishment there. Germany did not pursue his extradition. On 16 December 1998 he was therefore released from house arrest in Rome. He left Italy on 16 January although his political asylum application continues to be processed there.
As Turkey stepped up its campaign against the PKK the issue became highly charged internationally. Ocalan subsequently made a number of unsuccessful attempts to gain entry to various European countries before eventually being given shelter in the Greek embassy in Nairobi. It is understood that Greece began exploring among neighbouring African states the possibility of political asylum for him there. The Kurdish issue is politically highly sensitive in Greece, not least because of difficulties in Greek-Turkish relations on a number of issues. In 1996 both countries narrowly avoided war over disputes in the Aegean. The question of political asylum in Greece for Ocalan is thus understood to have been ruled out.
Ocalan apparently left the Greek embassy in Nairobi on 15 February intending to try to gain entry to the Netherlands. The course of subsequent developments remains unclear. However, shortly afterwards, the Turkish authorities indicated that he was in Turkey and that he would stand trial. The US, Israel, Kenya and Greece have all been accused by Kurdish supporters of collaborating with Turkey or being complicit in a covert operation to snatch Ocalan. All have denied involvement in his capture.
As soon as Ocalan's presence in Turkey was known there were demonstrations by Kurdish supporters worldwide. These targeted Greek embassies and consulates as well as US, Israeli, Kenyan and UN installations. In many cases there was violence, buildings were occupied and hostages taken. Several arson attacks were carried out on Turkish businesses. In a number of incidents Kurdish supporters set themselves alight. Three Kurdish protestors were shot dead while attempting to storm the Israeli consulate in Berlin. The sieges of buildings have now ended and all the hostages have been released unharmed, but demonstrations and violent clashes continue.
The serious consequences of the affair continue to affect European states. In Germany, there is public concern about internal security. There are around 500,000 Kurds in Germany among a population of approximately two million Turks. Chancellor Schröder has stated that any Kurdish or Turkish immigrants involved in violence in Germany may be deported. As a result of the violent developments in neighbouring countries, Luxembourg restored its border controls. Greek Foreign Minister Pangalos and the Ministers for the Interior and Public Order have resigned over the case and tensions in Greek-Turkish relations have dramatically increased, with both sides exchanging heated accusations. In Kenya, the head of the immigration service has been dismissed by President Moi.
While many Kurdish demonstrators are seeking guarantees concerning Ocalan's safety, non-imposition of the death penalty and negotiations with Turkey on the Kurdish problem, the PKK has called for an intensification of the armed struggle against Turkey and specifically threatened attacks if Ocalan's physical safety is undermined.
Within Turkey and the surrounding region, the Turkish authorities have stepped up their action against the PKK. In tandem with this, Prime Minister Ecevit has appealed to young PKK activists to surrender. He has held out the prospect of a general amnesty for them under a draft repentance law, which he has undertaken to have approved by the parliament following the April elections.
Ocalan himself is being held in the fortress prison of Imrali island in the Sea of Marmara. Following the completion there of his interrogation, he was formally arrested on 23 February and charged with treason. Under Turkish law he was not allowed to have contact with lawyers before being charged. The trial will take place in a state security court where a military judge will be among the three presiding. It is understood that the Turkish prosecutors have asked for the death penalty, although no executions have been carried out in Turkey since 1984. Turkish Prime Minister Ecevit and Foreign Minister Cem have given assurances that Ocalan will receive a fair trial in keeping with international conventions and both are reported to have said that they do not favour the death penalty.
However, calls for the presence of foreign observers at the trial have been rejected by Turkey. A team of international lawyers who wished to represent Ocalan have been refused entry to Turkey. The authorities have insisted that, under Turkish law, legal representation at trials may be carried out only by Turkish lawyers. A team of 15 Turkish lawyers are understood to have applied recently to the Turkish authorities to be allowed to represent Ocalan.
There have been widespread calls, including those by the European Union, the UN, UNHCR, the Council of Europe and countries worldwide, for a fair trial for Ocalan conforming to international standards and for the presence of independent observers. Similar calls have been made by the international NGOs, Helsinki Human Rights Watch and Amnesty International. While the Turkish Government has advised the President of the Parliamentary Assembly of the Council of Europe that it would not favour a visit by him to Ankara at the present time, the Council of Europe hopes to be able to send a delegation to Turkey in the coming weeks.
Ocalan himself has asked the European Court of Human Rights to intervene on his behalf, referring in his application to various articles of the European Convention on Human Rights, including the right to liberty and security, the right to life, the prohibition on torture and inhuman and degrading treatment and the right to a fair trial. He is seeking action by the court against Turkey under rule 39 of the court, which relates to interim measures. At a meeting held in camera on 23 February a chamber of seven judges decided it was not appropriate to apply rule 39 at this stage but decided to seek clarification from the Turkish authorities on a number of points concerning Ocalan's arrest and detention and his access to lawyers.
At the EU Foreign Affairs Council on 22 February, which was attended by the Minister for Foreign Affairs, the issue of Ocalan was discussed. The EU issued a declaration taking note of the assurance of the Turkish Government that Abdullah Ocalan will have a fair trial. However, the Union made it clear it expects this to mean fair and correct treatment and an open trial according to the rule of law before an independent court, with Ocalan having access to legal counsel of his choice and with international observers being admitted to the trial. The Union also underlined once more its strict opposition to the death penalty. Ireland strongly supported this. The Minister for Foreign Affairs, speaking in the Seanad last week, vigorously underlined Ireland's strong position of principle on the abolition of the death penalty and once again calls for an open trial according to the rule of law before an independent court.
In regard to the demonstrations by Kurdish supporters, the EU strongly deplored the fact that the arrest of Abullah Ocalan has sparked massive unrest and violent acts which have resulted in death, hostage taking, intimidation and extensive destruction. It reaffirms its position that such acts of violence are inadmissible and, under no circumstance, tolerable.
The EU reiterated its condemnation of all forms of terrorism and stated that the legitimate fight against terrorism must be conducted in full respect of the human rights, the rule of law and democratic norms. Legitimate interests must be expressed through a political process, not through violence.
The EU fully upholds the territorial integrity of Turkey. At the same time, it expects Turkey to resolve its problems by political means with full respect for human rights, the rule of law in a democratic society and in full accordance with Turkey's commitments as a member of the Council of Europe. In this context, the EU welcomes all genuine efforts to separate the fight against terrorism from the search for political solutions and to promote conciliation. In support of this, the EU has indicated it stands ready to contribute, including through the provision of continued financial assistance. Turkey's efforts in dealing with these problems in this spirit cannot but affect EU-Turkey relations positively.
In Strasbourg, there was a joint call from the President of the EU Parliamentary Assembly and the Deputy Secretary General of the Council of Europe to the Kurdish leaders to cease violent action and to the Turkish authorities to guarantee justice for Ocalan in full conformity with the European Convention on Human Rights. The European Parliament's Committee on Foreign Affairs adopted a statement along similar lines and also called for the presence of observers at the trial and for the death penalty to be waived.
Ocalan never sought political asylum in Ireland nor made any attempt to land here. Neither the PKK nor the ERNK has a presence in Ireland. The Kurdistan Solidarity Group, based in Dublin and with a predominantly Irish membership, produce and distribute information on the situation of the Kurdish population.
The Government is seriously concerned about the Kurdish population of south-east Turkey. We attach the greatest importance to the protection of the human rights and basic freedoms of the Kurdish population. These concerns have been conveyed to the Turkish authorities in our bilateral contacts.
The Government strongly believes it is crucial that Ocalan be treated strictly in accordance with international law and with full respect for human rights. The Government is opposed to the death penalty and without in any way prejudging the outcome of Turkey's legal proceedings, we have made it clear we would have concerns about the use of capital punishment.
The Government strongly supports the efforts by the European Union to achieve a free and fair trial for Ocalan in the presence of independent observers. In addition to the human rights issues and related security concerns surrounding Kurdish protests in Europe, there is the fact that in the context of enlargement discussions, the EU has stressed that the strengthening of Turkey's links with it depends on Turkey's political and economic reforms, the alignment of human rights practices with those in force in the EU and respect for, and protection of, minorities.
The Government firmly believes that Turkey must find a lasting peaceful solution to the Kurdish problem. In the words of a resolution of the European Parliament, Turkey must examine the means of permitting Turkish citizens of Kurdish origin to express their cultural identity while guaranteeing and respecting the territorial unity of Turkey. Ultimately, Turkey must take effective steps to foster tolerance, co-operation, solidarity and reconciliation.