Conditional Re-trial Leads to Injustice
However, the 6th Harmonization Package relieves Turkey of the obligation of re-trying PKK leader Abdullah Öcalan. According to this Package, The provisions concerned will apply to ECHR decisions finalized at the time this Law enters into force and to applications made after that date. For finalized ECHR decisions, applications for retrial have to be made within one year of the date on which this Law enters into force. For the applications made to the ECHR after this Laws entry into force, the retrial applications have to be made within one year of the finalization of the ECHR decision.
Marmara University Professor Sibel İnceoğlu and Istanbul Universitys Adem Sözüer say that Öcalans case before the ECHR does not fit to neither of the conditions. Hence, Turkey does not have to re-try Öcalan.
Sözüer adds that re-trial depends on countrys self-declarations and Turkey decided upon shaping the re-trial clause after the examples of France and Germany.
However, this clause creates injustice due to its conditionality states İnceoğlu. The legal experts say that the clause of conditionality was a product of the conviction to bar Öcalans possible re-trial.(TK/EK)
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