Legal documents and Provisions Applicable to Turkey's Extradition Request From Italy Regarding the terror organization leader Abdullah "Apo" Ocalan

  1. THE 1957 EUROPEAN CONVENTION ON EXTRADITION:
    The bilateral extradition convention between Turkey and Italy, signed in 1926, became null and void under Article 28, paragraph 1 of the 1957 "European Convention on Extradition" which entered into force in Turkey and Italy in 1960 and 1963 respectively. As all other matters pertaining to extradition between Turkey and Italy, Turkey's request for the extradition of the terrorist leader Abdullah Ocalan has been conveyed to the Italian authorities in accordance with the provisions of the said European Convention. Italy has ratified the European Convention in question with the reservation that it would not extradite persons to countries where capital punishment is in force.

  2. THE EUROPEAN COUNCIL CONVENTION OF 1977 ON THE SUPPRESSION OF TERRORISM:
    Both Turkey and Italy are party to the European Council Convention on the Suppression of Terrorism. Article 1 of the said Convention defines crimes which are not to be deemed as of a political nature. Although Italy has brought a reservation to this article with the aim of enlarging the scope of the concept of political crime, it has nevertheless pledged in the very same reservation to cooperate for extradition in cases related to serious crimes committed against persons.

    Article 3 of the 1977 Convention on the Suppression of Terrorism states that all the provisions of all the Extradition Treaties and Conventions, including the the 1957 European Convention on Extradition, applicable between States Parties have thereby been modified insofar as they are incompatible with the provisions of this convention.

  3. OTHER DOCUMENTS, PROVISIONS AND PERTINENT INFORMATION:
    • In the Final Declaration and Plan of Action adopted by the Heads of State and Government at the conclusion of the Second Council of Europe Summit, held in Strasbourg on October 10-11, 1997, all the member states, including Turkey and Italy, have undertaken to take concerted action in the combat against terrorism.

    • In its ruling dated 25 November 1997 on the Mehdi Zana case, the European Court of Human Rights pronounced the PKK as a "terrorist organisation".

    • The PKK was included in the list of "terrorist organisations", in the report on terrorism submitted by the Spanish deputy Lopes to the Council of Europe.

    • In the United Nations General Assembly Resolution 2312 (XXII), dated 14 December 1967, it has been stipulated that political asylum may not be requested in cases involving non-political crimes and acts against the fundamental principles of the UN. The most important UN principle is the preservation of the independence and territorial integrity of States and any attempt to violate these can not be regarded as political crimes. The same UN General Assembly Resolution also states that those who have committed war crimes against peace and crimes against humanity are strictly prohibited from requesting political asylum.

      The granting of asylum to the terrorist Abdullah Ocalan under the 1951 Geneva Convention Relating to the Status of Refugees will be tantamount to the non-recognition of all other pertinent UN instruments. Moreover, Article 1.F, subparagraphs (a) and (b) of the 1951 Convention on Refugees unequivocally stipulate that "This Convention shall not apply to a person who...has committed a crime against peace, a war crime, or crimes against humanity...", and to a person "...who has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee...".

    • The terrorist Abdullah Ocalan has been sought by the Turkish authorities through an Interpol International Notice which asks for the detention of the said person and prompt notification thereof of the Turkish authorities with a view to the transmission of an extradition request.