Leyla Zana

1991 oath in parliament

In 1991 she became the first Kurdish woman to win a seat in the Turkish parliament. She created a scandal when she spoke Kurdish on the floor of the parliament after being sworn in, even though it was known to be illegal.^[2] The Kurdish language, even when spoken in private, had been illegal for decades in Turkey.^[2] Only in that year, 1991, was the Kurdish language finally legalized, though speaking Kurdish remained illegal in public spaces, as Zana was sworn in.^[2] Her remarks ended,

I swear by my honor and my dignity before the great Turkish people to protect the integrity and independence of the State, the indivisible unity of people and homeland, and the unquestionable and unconditional sovereignty of the people. I swear loyalty to the Constitution. I take this oath for the brotherhood between the Turkish people and the Kurdish people.^[3]

Only the final sentence of the oath was spoken in Kurdish: "I take this oath for the brotherhood between the Turkish people and the Kurdish people."^[3]

Although Zana's parliamentary immunity protected her, after she joined the Democracy Party, that party was banned and her immunity was stripped. In December 1994, along with four other Democracy Party MPs (Hatip Dicle, Selim Sadak and Orhan Dogan), she was arrested and charged with treason and membership in the armed Kurdistan Workers Party (PKK). The treason charges were not put before the court, and Zana denied PKK affiliation; but with the prosecution relying on witness statements allegedly obtained under torture,^[4] Zana and the others were sentenced to 15 years in prison. At her sentencing, she asserted,

This is a conspiracy. What I am defending is perfectly clear. I don’t accept any of these accusations. And, if they were true I’d assume responsibility for them, even if it cost me my life. I have defended democracy, human rights, and brotherhood between peoples. And I’ll keep doing so for as long as I live.^[3]

She was recognized as a prisoner of conscience by Amnesty International. In 1994 she was awarded the Rafto Prize, and in 1995, was awarded the Sakharov Prize by the European parliament. She also won the Bruno Kreisky Award. In 1998 her sentence was extended because of a letter she had written that was published in a Kurdish newspaper, which allegedly expressed banned pro-separatist views. While in prison she published a book titled Writings from Prison.

With Turkey applying to become a member of the European Union, the EU repeatedly called for her release on human rights grounds, making its position clear by awarding Zana with the Sakharov Prize in 1995.

In 2001 the European Court of Human Rights ruled against Turkey after a review of her trial; although Turkey did not recognize the result, in 2003 a new harmonization law permitted retrials based on ECHR decisions. In 2002, a film named The Back of the World, directed by Spanish-Peruvian filmmaker Javier Corcuera, examined her case. In April 2004, in a trial which the defendants frequently boycotted, their convictions and sentences were reaffirmed. In June 2004, after a prosecutor requested quashing the prior verdict on a technicality, the High Court of Appeals ordered Zana and the others released.

In January 2005, the European Court of Human Rights awarded Zana and each of the other defendants 9000 € from the Turkish government, ruling Turkey had violated her rights of free expression. Zana and others announced the new political formation Democratic Society Movement (DTH). On 17 August 2005, Democratic Society Party (DTP) was founded as the merger of Democratic People's Party (DEHAP) and DTH.

Later political activities

Leyla Zana, 2010

As of 2007, Zana is active in human rights issues in Turkey and working in the new party she co founded in 2005. One controversial idea is her proposal to reorganize Turkey into a set of federal states, one of them being Kurdistan.^[5]

In April 2008, Zana was sentenced to two years in prison by Turkish authorities for allegedly "spreading terrorist propaganda" by saying in a speech, "Kurds have three leaders, namely Massoud Barzani, Celal Talebanî and Abdullah Ocalan."^[6] Massoud Barzani is the president of the Kurdistan federal region in Iraq, Celal Talabani is the ethnic Kurdish president of Iraq, and Abdullah Ocalan is the imprisoned Kurdish leader of PKK in Turkey.

In December 2008, Zana was sentenced to another 10 years in prison by the Turkish court. The court ruled that she had violated the Turkish penal code and the Turkish anti-terror law in nine different speeches. The European Union Turkey Civic Commission called on the European Union and the international community to take political action and strongly condemn Turkey for having convicted Leyla Zana to ten new years in prison.^[7] Leyla Zana released the following statement to the EUTCC:

“The case against me is a violation against freedom of thought, and represents a threat to every Kurd in Turkey. The decision of the court is just another way to repress, silence and punish the Kurds. The mentality governing this country is that problems can be resolved by anti democratic and repressive means and that unfair trial can provide political and social peace. But despite all this, our people will claim their legitimate rights, and will continue to struggle for this as long as it takes”.^[7]

On 28 July 2009, at the 4th Diyarbakir High Criminal Court, Leyla Zana was sentenced to 15 months in prison because of a speech she had made at SOAS in the University of London. ^[8]

These prison sentences were overturned by higher courts.^[9]

In December 2009, Constitutional Court of Turkey banned the DTP due to alleged links with the PKK and Leyla Zana as well as Ahmet Türk, Aysel Tuğluk, Nurettin Demirtaş, Selim Sadak and 30 other Kurdish politicians were banned from politics for 5 years.^[10] While this decision forbids them to be members of political parties, it does not prevent them from being elected to the parliament as independent deputies.

She was re-elected to Parliament in the 12 June 2011 general election.^[11]

On 1 July 2012, Prime Minister Recep Tayyip Erdoğan met Leyla Zana in his office. This meeting took place when in a recent Hürriyet interview that Leyla Zana said that was hopeful Prime Minister Recep Tayyip Erdoğan would solve the Kurdish–Turkish conflict. These words were criticized as 'naive' by the BDP leadership but were welcomed by the Turkish government.^[12]

In November 2016, Zana was again arrested along with other lawmakers from BDP/HDP, again accused of affiliation with the PKK.^[13]

In July 2017, Zana's HDP deputy seat was under AKP-lead parliamentary review and potential exclusion for "failing to properly take her oath of office, as well as rampant absenteeism". Zana, arrested in November 2016, missed over 200 legislative sessions.^[14]

On January 11, 2018, Zana's parliamentary membership was revoked for missing 212 parliamentary sessions from October 2016 to April 2017 by a 302-22 vote in the Turkish Parliament, with CHP and HDP MPs in attendance voting against.^[15][16][17]