Document
Letter to Mr Daniel Tarschys, Secretary-General of the Council of Europe, 11 March 1999.
Mr Secretary-General,
On behalf of the World Council of Churches and the Conference of European Churches, bodies in consultative relationship with the Council of Europe, we wish to convey our concern about the abduction, detention and trial in Turkey of Mr Abdullah Ocalan.
As ecumenical organizations with a long-standing dedication to the strengthening of and respect for the international rule of law, we are deeply concerned about the broad implications of this case with respect to jurisdiction, international standards on the treatment of prisoners, and the right of every person to an open and fair trial.
The abduction of Mr Ocalan in Kenya, and his forcible transfer to Turkey cannot, we believe, be allowed to establish a precedent, and it renders the jurisdiction of the courts of Turkey in this case questionable under international law with respect to extradition.
We are grateful that the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment has visited Mr Ocalan in pursuit of their mandate. We now look forward to the publication of its report in accordance with Article 11 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. We sincerely hope that this timely visit and the Committee's continuing oversight in this case will ensure full respect for the rights and physical integrity of Mr Ocalan so long as he remains in detention.
We wish to support and encourage you and the Council of Europe in your efforts to assure Mr Ocalan's right to be presumed innocent until proved guilty in a fair, public trial in a civil court in accordance with Article 6 of the European Convention on Human Rights. This should include his right to a defense attorney of his own choice, and sufficient time and facilities for the preparation of his defense, and access to the proceedings by international observers.
We trust that the Government of Turkey will be held to the axiom that the administration of justice must be carried out in such a way that it be publicly acknowledged as just and fair. For this to be so in this case, the question of legitimate jurisdiction must be allowed should Mr Ocalan's defense choose to put it.
We urge the Council of Europe to assume its full responsibilities in this case vis-à-vis its member state which has freely accepted the terms of the Charter and the relevant Conventions. In so doing you bear responsibility on behalf of the wider international community for respect of the rule of law and of human rights.
Respectfully yours,
Konrad Raiser Keith Clements
General Secretary General Secretary
World Council of Churches Conference of European Churches
