OCALAN V TURKEY EUROPEAN COURT OF HUMAN RIGHTS

Early day motion 889, tabled 13 March 2003 by John Austin (Labour). Signed by 27 members.

That this House welcomes the decision of the European Court of Human Rights in the case of Ocalan v Turkey; believes this is a landmark judgment confirming that the death penalty is no longer acceptable in the 21st century and upholding the right of all detainees to have a fair trial; notes the Court's judgment that Turkey has violated the European Convention on Human Rights once again, that Mr Ocalan was not tried before an independent and impartial tribunal, that he was not allowed access to his lawyers while being questioned in police custody and that neither he nor his lawyers were able to obtain adequate access to the case file; also welcomes the Court's finding that the overall effect of his treatment so restricted the rights of the defence that the principle of a fair trial was contravened and that his rights under Article 5 of the Convention had been violated, holding that the length of his detention before being brought before a judge and the inability to challenge his detention at the domestic level violated both Article 5(3) and Article 5(4) of the Convention; expresses concern that Mr Ocalan is still being denied visits by his lawyers and family and being held in inhumane conditions in isolation; and calls on Her Majesty's Government to press the newly-elected Government of Turkey to pay the compensation awarded by the Court, to transfer Mr Ocalan to humane surroundings, to allow visits by family and lawyers and to arrange a retrial under international supervision.

Signatures by party: Labour 21, Labour/Co-operative 2, Liberal Democrat 2, Plaid Cymru 2.