What Will The ECHR Decide About?

The ECHRs decision regarding the Öcalan case will not be about re-trial, but on the right to a fair trial. Mostly these two are confused.

Tolga Korkut

The ECHRs decision will concern whether PKK leader Abdullah Öcalans right to a fair trial is violated or not. However, there is a general misperception that the ECHR will take decision on re-trial.

Professor Ozan Özerden of the Yıldız Technical University in Istanbul says that the ECHR can give two kinds of decisions:

* Determine whether the violation of a right occurred or not.

* If the results of the violation cannot be compensated otherwise, reward damages.

Currently, the Öcalan case is pending before the 17 judge jury of the Grand Chamber. Previously, the case was heard in the Small Chamber and the decision was declared against Turkey in March 2003. As a result of the appeal, the case was passed onto the Grand Chamber.

Legal experts say that the Grand Chamber will adopt a similar stance with the previous court. Marmara Universitys Professor Sibel İnceoğlu, says that the Grand Chambers decision will most probably be closed to appeals. (TK/EK/YE)

Tolga Korkut