Speaking to Mezopotamya Agency (MA), Heval Zelal Avcı pointed to international agreements that secure this right and emphasized its significance especially for prisoners sentenced to aggravated life imprisonment. “The current legal framework in Turkey denies the possibility of conditional release for these prisoners, effectively condemning them to die in prison,” she said.

 

On March 18, 2024, the European Court of Human Rights (ECtHR) ruled that the lifelong imprisonment of Abdullah Öcalan without the possibility of release violated Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment. Despite this ruling, Turkey has not introduced any legal changes regarding the "right to hope" in the eleven years since the issue first arose.

 

Multiple human rights organizations and regional bar associations have formally petitioned the Council of Europe’s Committee of Ministers, highlighting the lack of implementation of ECtHR rulings in similar cases involving prisoners Emin Gurban, Hayati Kaytan, and Civan Boltan.

 

‘RIGHT TO HOPE’ MUST BE GUARANTEED

 

Heval Zelal Avcı noted that under ECtHR jurisprudence, prison regimes that offer no real possibility of release violate the prohibition of inhuman treatment. She stressed: “The 'right to hope' must be ensured to uphold human dignity and the fundamental purpose of sentencing. Denying this right is not just a legal issue, it challenges the very essence of human rights.”

 

ISOLATION AND DOUBLE PUNISHMENT

 

Heval Zelal Avcı criticized Turkey’s Penal Execution Law, which she said imposes severe restrictions on prisoners serving aggravated life sentences, such as limited contact with visitors and restricted phone calls. “These conditions amount to a second layer of imprisonment,” she said, adding that many prisoners have reached out to CİSST to report the harsh isolation they face.

 

‘DISCRIMINATORY APPROACH MUST END’

 

Commenting on the recently passed 10th Judicial Reform Package, Heval Zelal Avcı noted that it failed to address the situation of ill prisoners and those serving aggravated life sentences. She called this a "discriminatory approach" and stated: “The justice system must ensure not only punishment but also access to basic rights. Reforms should reflect respect for human dignity, and health conditions, not sentence type, should guide decisions regarding prisoners’ rights.”

 

MA / Yesim Tukel