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Dáil Éireann díospóireacht -
Tuesday, 11 May 1999

Vol. 504 No. 4

Written Answers. - Fair Trial Procedures.

Pat Rabbitte

Ceist:

84 Mr. Rabbitte asked the Minister for Foreign Affairs if he has satisfied himself that the Kurdish paramilitary leader, Abdullah Ocalan, will receive a fair trial by the Turkish authorities; the steps, if any, the Government will take to ensure that international observers are present at the trial; and if he will make a statement on the matter. [12043/99]

As I indicated in my reply on this matter to Deputy O'Sullivan on 30 March, the arrest of Abdullah Ocalan was discussed at the EU General Affairs Council on 22 February, which I attended. Following our discussion, a declaration was issued in the name of the Union 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 admitted to the trial. We also reiterated our strong oppo sition 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 has appointed a team of lawyers who have been meeting 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. The formal trial is scheduled to commence on 31 May on Imrali. Recently, Mr. Ocalan's lawyers have threatened to withdraw from the case citing allegations of harassment by the authorities including an assault last week following the preliminary hearing in Ankara. They have also complained that they have been denied private access to him during their visits. The Government is concerned at these allegations and we will avail of an appropriate opportunity to raise these concerns with the Turkish authorities.

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 him and the three doctors attending him was satisfied that his physical health was good.

With regard to the issue of international observers attending Mr. Ocalan's trial, the Turkish authorities have pointed out that while there is no provision in Turkish law for the presence of official observers at a trial, they are in general open to the public, including foreign nationals. This was confirmed at the preliminary hearing of the case at the Ankara State Security Court on 30 April. While the court emphasised that official observers and representatives would not be permitted to attend the trial, they stressed that foreign nationals are welcome to attend in an individual capacity subject to availability of seats in the courtroom. Two members of the Parliamentary Assembly of the Council of Europe attended the Ankara hearing and the assembly hopes to have members present at the substantive trial. Ireland, together with our EU partners, will be following the trial of Mr. Ocalan closely.

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