ÖHD and TUAY-DER call for an investigation in all prisons

The Amed Association for Assistance with the Families of Prisoners and Convicts (TUAY-DER) and the Association of Lawyers for Freedom (ÖHD) Amed Branch held a press conference in the ÖHD building on the ever worsening prison conditions in Turkey. Many representatives from non-governmental organizations (NGOs) also attended the conference.

According to Attorney Adile Salman, a member of the ÖHD Amed Branch Prison Commission, the coronavirus (Covid-19) pandemic process has been transformed into an occasion to violate rights in prisons.

5 PRISONERS LOST THEIR LIVES IN TWO WEEKS

Salman stated that the authority of prison administrations and Administrative Monitoring Boards had been increased as a result of the “Judicial reform” revisions.

Salman added, in reference to the status of sick prisoners, that political prisoners were exempt from the “partial amnesty” amendment in the Execution Law.

“With the newly published regulation, their release was denied, and several of the prisoners’ rights, such as the concept of equality, the right to live, the right to freedom and security, and the right to seek justice, were ignored. As a result, 5 sick prisoners have died in the last two weeks, and a total of 8 sick prisoners have died in the last month,” Salman stated.

AS SOON AS POSSIBLE…

Salman made the following appeal, noting that “severe abuses of rights applied to all detainees in jails, especially sick prisoners, should be stopped as quickly as possible”:

“Authorities must take the required steps and take action to assess the needs before more significant health issues and deaths occur. We urge the Ministry of Justice, national and international law organisations, and human rights agencies to take action in order to treat problems from the standpoint of fundamental rights and freedoms, and to analyze and resolve the demands of prisoners in this manner.”

FINDINGS

Salman stated that they visited prisons in Diyarbakır, Elazığ, Malatya/Akçadağ, and Elbistan in November and December to investigate human rights breaches, and she reported their findings as follows:

“* During the visits, it was revealed that social activities were fully barred in some jails and partially prohibited in others. The detainees reported that they were completely isolated in this atmosphere. They claimed that cameras that could see inside the rooms had been installed and that even private parts in the rooms were being monitored. In all of the jails visited, violations of rights pertaining to access to the right to health (handcuffed examination, temporary physician in the infirmary, typically no physician present, delayed hospital referrals and infirmary examinations) were discovered.

* The inmates stated that those who were taken out of prison due to health problems or hearings were subjected to a 15-day quarantine, that this period could sometimes be arbitrarily extended, and that this measure was not applied to the prison administration or its staff. The prisoners were subjected to psychological and social violence under the guise of quarantine, and the prisoners returning from the hospital were quarantined in solitary cells. The detainees reported that the wards were thoroughly inspected by approximately 10-15 execution officers, and that the prisoners’ personal possessions were seized, and these searches occurred frequently and late at night. Similarly, they said that pandemic measures were not implemented.

* The prison administrations and staff did not take adequate precautions for the Covid-19 outbreak; the prisoners provided the cleaning and hygiene conditions with their own personal means and the lives of both themselves and other prisoners in the same prison with serious health problems were jeopardized and concerned as a result of this disease. They claimed that arbitrary disciplinary investigations were launched against several detainees and disciplinary punishments were meted out, putting their conditional release at risk. The convicts were not released despite the conditional release date because of the disciplinary punishments they received, the letters they sent or received, and their refusal to accept the remorse forced on them.

* The prisoners stated that the convicts were arbitrarily exiled on a regular basis and that deportations were made to remote areas where the prisoners’ families could not visit them.”

SUGGESTIONS

Salman made the following suggestions:

“* Over the course in which inmates are deprived of their liberty, cleaning tools should be provided to them in order for them to stay in a healthy environment throughout the period, personal protective materials and cleaning materials should be provided free of charge, not for a fee from the canteen. Hygiene conditions should be monitored, and when pandemic conditions are considered, it is necessary to be meticulous about cleaning and health issues. A committee comprised of lawyers, human rights organizations, and government representatives should be formed and launch an investigation as soon as possible in order to inform the public about whether the measures implemented in all Turkish prisons, including the İmralı Prison, are in accordance with the standards.

* Because seriously ill prisoners are in a high-risk group in the event of pandemic, the exescution of their sentences should be postponed. Sick prisoners should be evaluated only using a clinical approach under all circumstances, and prisoners who have medical reports indicating that their detention is inappropriate should be released immediately.

* Torture and ill-treatment practices against prisoners should be stopped immediately, and effective investigation mechanisms should be put in place against public officials who commit illegal acts.

* We invite the government to immediately begin the necessary work to establish ‘independent’ national oversight mechanisms in accordance with the Optional Protocol to the Convention on the Elimination of Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. We urge the Ministry of Justice and the Parliamentary Human Rights Investigation Commission to investigate human rights violations in prisons.”