ANKARA - Describing the framework law as an important step, ELDH Secretary General and lawyer Thomas Schmidt said that democratization, judicial reform, Kurdish people's rights and the release of Abdullah Öcalan are necessary to achieve “positive peace.”

 

The framework law prepared as part of the Peace and Democratic Society Process, which has been underway for nearly two years, was unanimously passed by Parliament. The law, which is significant in establishing a legal framework for the process, has also been closely followed by international lawyers.

 

Thomas Schmidt, Secretary General of the European Association of Lawyers for Democracy and World Human Rights (ELDH), described the law as an important step while also highlighting the steps that the state and the international community will need to take in the next phase.

 

Schmidt said that the process must move beyond the legislation to achieve lasting peace, calling for the PKK to be removed from the European Union (EU) and individual countries’ lists of terrorist organizations, the rights of Kurdish activists to be guaranteed, and Kurdish People's Leader Abdullah Öcalan to be released.

 

'AN IMPORTANT STEP ON THE AVENUE TO PEACE'

 

Drawing attention to the differences between the current process and previous peace initiatives in Turkey, Schmidt said: “It is also significant that, compared with earlier peace initiatives in Turkey, the current process has for the first time reached the stage of concrete legislation. This tangible legislative step therefore deserves support and should be welcomed as a basis on which a broader process can be built.”

 

Referring to the content of the bill, Schmidt stressed that the peace process cannot be separated from the process of democratization. He continued: “Unless judicial practice changes; unless the use of criminal law to suppress freedom of expression, association and political activity is brought to an end; unless implementation of the judgments of the Constitutional Court and the European Court of Human Rights is guaranteed; and unless the Kurdish issue is openly addressed in terms of equal citizenship, political participation and democratic rights, this Law cannot provide the legal foundations for a lasting peace. On the contrary, unless the five and ten year deferral mechanisms applying to different categories of offenses are surrounded by strong democratic and judicial safeguards, they may leave people’s futures dependent on the discretion of a changing political will.”

 

‘THE NEXT PHASE MUST BUILD THE FOUNDATIONS OF POSITIVE PEACE’

 

Schmidt said that, in the next phase, no prisoner or exile connected to the peace process should be left behind, stressing that the process must move forward in an inclusive manner, including lawyers who have been prosecuted for political reasons and those who have faced pressure and investigations for defending their clients. Schmidt said: “A lasting and comprehensive peace requires that the process moves beyond disarmament and reintegration towards addressing the political, legal and democratic questions that lie at the heart of the conflict. At the same time, the legislation remains shaped by a predominantly security-based framework: it does not name the Kurdish question as such, indeed, the word 'Kurdish' does not appear in the text, and it approaches the process principally through disarmament, dissolution and reintegration rather than through the broader democratic and political dimensions of the conflict.” 

 

Schmidt continued: “The legislation can contribute to consolidating what might be described as the ‘negative peace’, the reduction and ending of armed conflict. But ending violence alone is not sufficient to establish a durable peace. The next phase must build the foundations of positive peace. This requires concrete measures to recognize and strengthen Kurdish identity, language and cultural rights, alongside broader democratic reforms and guarantees of equality. The ability of Kurdish people to freely preserve, use and develop their language and cultural identity must be recognized as an integral part of a lasting political settlement. It also requires a transformation of judicial practice: effective protection of freedom of expression, association and political participation; reform of the broad and punitive use of anti-terror legislation and other criminal-law provisions; and effective implementation of judgments of the Constitutional Court and the European Court of Human Rights.”

 

‘CRIMES FOR WHICH THE STATE BEARS RESPONSIBILITY MUST ALSO BE ADDRESSED’

 

Schmidt said that, as the peace process moves forward, a legal framework must also be established for a comprehensive process of societal reconciliation that encompasses all sectors of society. Pointing to international examples, he said: “Every peace process has its own framework and rules. Examples of peace processes that have been more or less successful, and in some cases are not yet concluded, can be found in South Africa, Northern Ireland, and the Basque Country. A successful peace process cannot address only the crimes committed by one side; crimes for which the state bears responsibility must be addressed equally. Laws and judicial bodies must no longer be misused as weapons against the opposition to the government. They must be instruments for sustainable justice in society. The freedom of expression must be guaranteed.”

 

‘THE PEACE PROCESS IS NOT MERELY AN INTERNAL MATTER FOR TURKEY’

 

Drawing attention to the responsibilities of both the Turkish state and the international community in this process, Schmidt said: “The European Union, its member states, and other governments must acknowledge their responsibility and vital role in supporting the peace process in Turkey and take the necessary political and legal steps to that end. The peace process in Turkey is not merely an internal matter for Turkey. The PKK must be removed from the EU’s and individual countries’ lists of terrorist organizations. Imprisoned and convicted Kurdish activists must be granted amnesty or released, and criminal proceedings against them must be dropped.”

 

‘DEMOCRATIC AND LEGAL REFORMS IN TURKEY’

 

Schmidt also stressed the need for comprehensive democratic and legal reforms to be implemented following the framework law, saying: “The Turkish authorities and Parliament must ensure that the present legislation is followed by comprehensive democratic and legal reforms, including the recognition and protection of Kurdish identity, language and cultural rights; equal citizenship and effective political participation; stronger protection of freedom of expression and association; reform of anti-terror legislation and judicial practice; and full implementation of the judgments of the European Court of Human Rights and the Constitutional Court.”

 

‘ABDULLAH ÖCALAN IS AN ESSENTIAL PART OF THIS PROCESS’

 

Schmidt said that Kurdish People’s Leader Abdullah Öcalan’s physical freedom must be ensured for the process to move forward successfully, saying: “The situation of Abdullah Öcalan must also be addressed as an essential part of this process. His continuing imprisonment and the question of his right to hope cannot remain unresolved. Given his central role in initiating and advancing the current process, he should be granted the freedom and conditions necessary to participate fully and effectively in the peace process.”

 

MA / Deniz Karabudak