Ocalan trial on European Court's Agenda

Ocalan trial on European Court's Agenda

The Constitutional amendment to remove the military judge from the State Security Court (DGM) has strengthened Ankara's case with the European Court of Human Rights, which is keeping a close watch on the trial of Ocalan. It has been reported that the European Court will pass their decision on whether to reject or accept the application put forth by Ocalan's foreign lawyers on June 20. The main element of Ankara's demand that the application be rejected is the amendment. The application put forth by Britta Böhler, Ocalan's German lawyer resident in the Netherlands, is built on the claim that Ocalan can not get a fair trial in Turkey. Böhler's thesis relies on the existence of military judges in DGM. But the amendment undermines this argument. Another argument in Böhler's application concerns the process with which Ocalan was captured. Böhler defends that the operation was not on legal grounds. Turkey on the other hand, will attempt to justify their case by using the "Carlos" example. In the Carlos case, the European Court had rejected a similar application put forth by Syria on the grounds that the capture and displacement of a terrorist from one county to another is totally legal in compliance with international co-operation for the struggle against terrorism.

DGM bill on Parliament's agenda as well

The draft that suggests the removal of military judges and attorneys from DGM will be discussed by the Justice Commission which congregates tomorrow. It is expected to be passed onto the Parliament's General Council on Tuesday.

14 Kasım 2019 Magazin Bülteni.

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