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12 LJIL 565 (1999)
The Arrest of Abdullah Ocalan

handle is hein.journals/lejint12 and id is 571 raw text is: CURRENT LEGAL DEVELOPMENTS The Arrest of Abdullah Ocalan Geoff Gilbert Keywords: extradition; 6calan; international abduction; transnational fugitive offender; po- litical offense exemption. Abstract: Abdullah Ocalan's arrival in Turkey in February 1999 followed a prolonged search in Europe for asylum following his expulsion from Syria in late 1998. His coming within Turkish jurisdiction raises questions about the international processes to bring alleged transnational fugitive offenders before the courts. This article looks at the extradition regime within Europe and the alternative methods of rendition that were eventually employed to re- move him from Kenya. Extradition law developed during the nineteenth century and is based on ideas of revolution, the principle of nationality and liberal democracy which pervaded that period. The late twentieth century has a different ethos that offers fewer protection to the po- litical revolutionary, but has incorporated international human rights standards. Extradition law straddles the enforcement of criminal law, non-interference in the domestic affairs of an- other State and international human rights law. The article concludes by examining the de- mands of international human rights law for the trial in Turkey. 1. INTRODUCTION As news spread on 16 February 1999 that Abdullah Ocalan, leader of the PKK, was in Turkish custody, Kurdish protesters throughout Europe demonstrated against alleged Greek complicity in his capture. Furthermore, it ended a month of high farce on the international stage as Ocalan had sought refuge in various European States and ultimately Kenya, having been expelled from his base in Syria by the authorities in Damascus in October 1998. The details of his move- ments following his departure from Syria are not wholly clear, but his case highlights aspects of the law relating to the international protection of refugees, extradition law, de facto extradition and international abduction, international human rights law and self-determination. Professor of Law, Director, Human Rights Centre, University of Essex, United Kingdom; author of Transnational Fugitive Offenders in Internanonal Law (1998). I amn grateful to Chris Decker and Bora Bald, both students on the LL.M, in International Human Rights Law 1998-99, who have sup- plied me with factual information helpful in the writing of this article, The position is stated as at 28 February 1999: no attempt has been made to analyze his subsequent trial in Turkey. 12 Leiden Joumal of tntematioial Law 565-574 (1999) © 1999 Kluwer Law Intervaticnal

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