Edip Yildiz is one of the hundred Turkish and Kurdish lawyers who asked to defend Öcalan. And that number of lawyers increases as the trial draws near. One of them had been appointed by the Kurdish leader for the coordination of his defence, but during the trial, they will be only 5 to 7 to talk, and the else will just give them a logistic support.

How are the conditions of work for the lawyers of defence presently ?

Very bad. Though our askings, we could not read any file, not even the indicment, and we have to face hard pressures : teams of policemen follow us all the time and they hear us by phone. When we visit our client, some groups are waiting for us, threat and insult us. They pretend that Öcalan killed one of their relatives. In fact these so-called families are perflectly well-informed about the days and the hours of our visits. Undoubtedly, they are agents of the State.

Concerning the pressures… Amongst the lawyers who could met Öcalan, two had been arrested. They are free now, and even if the Bar of Istanbul did notstruck off them, that threat is not completely abandonned.

How were your meetings with Öcalan ?

Until now, his Turkish lawyers (Öcalan has too some European lawyers) successed to see their client only three hours, in conditions that could not allow to prepare his defence. During the first meeting we just saw him 20 minutes and we were with a judge and two masked men. For the second meeting, we stayed 40 minutes with a « guardian » standing from one meter, and whose the mission was to listen our conversation. The two following meetings, each of one hour, were in the same conditions. For reaching our client, we should accept three controls, with a bodysearch. In normal conditions, there is only an electronic control and a guardian stays just behind the door for watching, but not listening the conversations.

As Öcalan’s European lawyers, they complained in Strasbourg against his conditions of detention : He is isolated without any information. However, they can not plead for his defence in Turkey, because the laws of that country exige to have the Turkish nationality for working as lawyer or physician.

Does the juridical process against Öcalan respect the Turkish Law ?

In Turkey, we choose a lawyer like this : when he is arrested, a prisonner is kept in custody for 10 days, before to go to prison. After that delay, the prisonner or his family chooses a lawyer, but a lawyer can to propose himself. In any case, the director of the prison should give his authorization.

Concerning Öcalan, The Safety Court of State asked a Commission of Crisis and we had to propose our services to theexaminating magistrates. That process had been specially set for Abdullah Öcalan, it has no legal basis. In that file, the Anti-Terrorist Law, that leads to any abuses, is a constant reference. The State wants really to get rid of that trial, without witness and as short as possible (4 or 5 days) and we complain that this trial is a more political than juridical case.

The composition of that Commission of Crisis (unknowned by everybody) had been decided in 1997. They stated that for an extraordinary case, it would its decision after the asking of the Safety Court of State (created in 1987, this one is composed by a civilian or military judge and of three prosecutors : 2 are civilian, one is a military).

The three judges who examinate the indicment have not decided the day of the trial. It will probably happen after the legislative elections of the18 April, about May or later.

Where Öcalan will be judged ?

For the Turkish Code, a trial is legal anywhere. They are building a romm in Imrali island for the court that will judge Öcalan. He will stand behind a armoured glass, if he is present. If the Safety Court accept foreign delegations, the trial will be translated in English. But we fear that no delegation could assist to the trial and that the government invokes some technical problems (too small room, no boat for reaching the island…), or problems of safety for Öcalan, and they prevent the presence of international watchers.

As for the result of the trial, nobody in Turkey doubts of it. Öcalan is accused of separatisme and will be condemned to a capital punishment. The Turkish state will prove his guiltiness with the actions of the guerilla for which they consider him as responsible. If the lawyers appeal, we can not hope another verdict, and this appeal is purely formal for the defence. We should appeal to the Prosecutor and that appeal will be examined by five judges, nominated by the juridical hierarchy, that is itself nominated by the army. The execution of the sentence is usually voted by the Parliament but in that case, it will depend on the European attitude and on the countries that too a role in the Öcalan’s arrest. In my opinion, I think that if the European Community reacts, may be the Turkish State would not dare to hang him. For that reason, I wish the support of the European bars and the sending of watchers from each country, for the European states could be informed about situation and for delegations could warn the public opinion about the situation of Kurds, and denounce the actions of Turkey.

How is Öcalan’s health ?

During the first meeting, he complains that his throat and his ears hurt him, probably because of an aggressive substance in his gags. He did not talk about physical bad treatments, but denounced psychological torture. Indeed, he is completely isolated from the world, in spite of the Turkish authorities that pretend he has a cell with one window and a transistor. Technically, he can not prepare his defence and is constantly watched. He can not have any physical contact, for example to shake his lawyers’ hands, to be informed about any document. There is no confidentiality and the secret of his correspondance is violated, as the secret of defence, though the international engagements that had been signed by Turkey.

Öcalan knows he will be condemned, but he does not seem worried and insist on his people’s situation. His main preoccupation is that through him, Turkey will judge all the Kurds. And in fact, the Öcalan’s execution could provoke a great revolt from the Kurdish community, a civilan war that even the PKK or the Turkish could not prevent. The common feeling is that the power of PKK will not decrease with Öcalan’s death, Because that party has a great support from the Kurdish community, inside and ouside of the country.

Interview made by Roxane - 22 March 1999

Summary