Report About Prison Violations in Turkey

Written by Kübra Nur EROĞLU with encouragements Vicki PRAISE

OTEKI (The Others) is a non-profit community governed by its own charter. Our aim is to promote, promote and defend human rights and fundamental freedoms, both within the Council of Europe system and at local, national and international levels, in the spirit of the European Convention on Human Rights.¹

We are honored to share our opinion on prison violations in Turkey and the rights violations suffered by detainees. In this statement of opinion, we aim to address this issue, which is of vital importance for Turkey’s human rights law, from different perspectives. We know that detainees and convicts are protected by the European Convention on Human Rights and other international agreements.

The idea turned into action mainly due to the encouragement of Ms. Vicki Praise, a human rights lawyer in the United Kingdom. We think that prison violations are an important topic all over the world in terms of human rights and we believe that it should be brought to the agenda. We are a community based in Turkey and we have prepared this report as a result of the Turkish Government’s studies and statistics on the subject.

First of all, we would like to present the general picture in Turkey. According to the data of the General Directorate of Prisons and Detention Houses of the Ministry of Justice, as of January 1, 2023, there were 341,497 people in prisons in Turkey. Considering that there were 272 thousand people in prisons in 2021, the total prison population increased by 69 thousand people in one year, breaking the record in the history of the Republic ; as of October 1, 2023, there are 405 penal institutions in Turkey, including 274 closed, 99 open, 11 closed for women, 8 open for women, 9 closed for children, and 4 children’s education centers.²

We would like to point out here that, in our view, the main purpose of prisons should be to serve a rehabilitation function for society.

Zafer Kizmaz’s ” The Effect of Prison And Imprisonment on Preventing The Crime”, it is argued that the mere incarceration or imprisonment of criminals does not serve as a deterrent to criminals at the desired or expected level. As a result, the importance of developing new approaches as an alternative to imprisonment, emphasizing punishment policies in society, ensuring that only the most notorious criminals are imprisoned with a selective arrest policy, and that rehabilitation efforts should accompany the imprisonment of criminals are emphasized.³

As a matter of fact, Glaser argues that the rehabilitation of offenders has historically gone through the processes of punishment, incarceration and rehabilitation, and that today a fourth stage is the reintegration of offenders into society.

After making such an evaluation in terms of the social duties of prisons, we intend to explain the suitability of the current situation in Turkey in terms of legal and human rights through real examples and statistics.

We can list the topics we will address as follows ,

Sick prisoners in prison and deaths
Arrest of two parents with children
Detention of parents of sick children
Children between the ages of 0-6 staying with their mothers in prison
Torture data in prisons
Rights violations due to physical conditions in prisons

Sick prisoners in prison and deaths

The number of detainees and convicts in prisons in Turkey, which have a capacity of 288,000, has exceeded 326,000. Approximately 38 prisoners remain in prisons over capacity. According to the data of IHD , as of 2022, there are one thousand 517 sick prisoners in prisons, 651 of whom are seriously ill . According to Human Rights Association (IHD) data, at least 76 prisoners lost their lives in 2022 due to rights violations in prisons and non-release of sick prisoners. The number of sick prisoners whose release was prevented has risen to 1,600.⁴

On August 29, 2020, Mustafa Kabakcioglu, who was found dead in a white plastic chair in his cell on August 29, 2020, there are official documents stating that he had diabetes while in prison in 2017, that he wrote letters to the prison doctor several times before his death, that he requested access to health care, that he had numbness in his body, and that he requested to go to the hospital on August 20, 24 and 27. However, he did not receive an answer to these requests and was found dead in his cell. HDP MP Omer Faruk Gergerlioglu said that Mustafa Kabakcioglu had also raised the rights violations in prison in his diary and said, “If you need to go to the hospital from prison, you can only go within 5-10 days. If you need to go to the hospital urgently, it takes 7-8 hours. You go through a lot of procedures.” Describing Kabakçıoğlu’s death as “a suspicious death full of violations”, Gergerlioğlu argued that this incident was not singular:
“This was not an ordinary death, this was the latest example of the rights violations experienced by tens of thousands of prisoners. If this photo had not come to light, the public would not have reacted so strongly. But as an MP who closely follows prisons, we have repeatedly seen prisoners dying in solitary cells, we have taken this issue to the Ministry of Justice, and for years the deaths in solitary cells have been covered up. All my parliamentary questions on such deaths were ignored.”⁵

In the footage, which was also reported in the press, it is seen that he died in a white chair in a dirty, damp cell.
Another example is former Supreme Court Justice Mustafa Erdogan, who was handcuffed to a bed in the detainee intensive care unit of a hospital for 9 months due to an illness he contracted while on remand, and whose family was denied access to him until he was unconscious, according to his daughter Buket Erdogan in interviews with various media outlets.

Mustafa Erdoğan, a member of the Supreme Court of Appeals who was 85 percent paralyzed, detained in the prison ward of a hospital for 9 months and was not even allowed to see his children until he lost consciousness, died on August 22. On August 12, Erdoğan lost consciousness and despite his condition, his detention continued for four more days until August 16. In the words of his daughter, “They let him go, so to speak, so we wouldn’t be left holding the bag.” Mustafa Erdoğan died before he learned of his release.⁶

Law No. 6411, adopted on January 24, 2013, provides for the postponement of the execution of sick convicts on the grounds that the convict is “incapable of living his/her life alone due to the severe illness or disability he/she has suffered” and is “assessed not to pose a danger to public safety”. Again, in the press release published by the Turkish Medical Association in 2014, this regulation was emphasized and it was pointed out that the medical practitioners who do not issue a forensic report despite the serious illness and the judicial authorities who do not issue a release decision despite the report will be responsible.⁷

Another name is Halime Gülsu, who was detained as part of an investigation into the Gülen movement and arrested for making and selling meatballs to help families in prison for the same reason. Halime Gülsu was allegedly denied her medication despite suffering from systemic lupus erythematosus and died because of this.

Her brother Zubeyir Gulsu claimed that his sister Halime Gulsu was taken into custody on 20 February, that she was not given her medication for 15 days, that when she was arrested and sent to Tarsus Women’s Closed Prison No. 3, her medical report was lost by the prison authorities.⁸

Although the prison denied these allegations, the absence of any statement on the subject in the biopsy report is confusing.

The US-based human rights organization Advocates of Silenced (AST) has published a book on Halime Gulsu’s experiences. The book includes letters that Halime Gulsu repeatedly sent to BIMER⁹ about not being provided with her medication.

And in the ECHR SAAT v. TURKEY CASE
In (Application No. 23939/20), Turkey was convicted on the grounds that the applicant used contact lenses and could not access this medical equipment.

Fatma Turkan Tuncay, the daughter of Abdulvahit Tuncay, who was diagnosed with stage 4 pancreatic cancer while in prison and released only 9 days before his death, shared her experiences with us as Oteki team. She said that her father’s nearly 30 petitions to the prison administration were ignored and that he was not taken to the hospital until he reached the last stage of his illness.¹⁰

Mecit and Others v. Turkey (No: 69884/17) Mahmut Basyigit, whose rights were found to have been violated by the ECtHR ruling, asked the prison authorities to send him to hospital because of illnesses that started 5 months ago in prison. However, these requests were ignored. Two weeks ago, he was taken to the hospital again due to increasing pain. As a result of the examinations, it was found that a tumor with cancer was detected in his gallbladder and spread throughout his body. His relatives and his lawyer said that the prison administration was responsible for the progression of his illness and demanded his immediate release. Mahmut Basyigit needs to undergo surgery and continue his treatment as soon as possible. His lawyer explained the process as follows: “After the application, a report is received from the hospital, that report goes to the Forensic Medicine Institution, after the report is approved, it comes back to the Chief Prosecutor’s Office and they decide to suspend the execution.” He said that this procedure could take 1.5 to 2 months. His lawyer stated that the duration is very important for them in terms of his client’s health condition and that the family is anxious about this issue.¹¹

Şerife Sulukan, an 89% disabled woman with MS, is being held in Menemen Prison .¹²
Serife Sulukhan, who is paralyzed on the left side of her body due to covid disease and who also needs heart surgery, is not being released despite all requests. It is clear that the prisoner, who has difficulty in meeting her own needs, is deprived of her right to treatment and health.

According to the 2020 report (Federation of Detainee and Convict Families Legal Solidarity Associations);

‘Many sick detainees and convicts whose health conditions were so bad that they could not stay in prisons died in prisons without even receiving treatment. For example, 80-year-old sick detainee Ali Boçnak and 75-year-old sick detainee Takiyettin Özkahram lost their lives in this process. In fact, even these two concrete examples summarize the human rights violations experienced. On October 2, 2020, prisoner Muhammet Emir died due to respiratory failure caused by Covid-19.

The application of double handcuffs in Diyarbakır Women’s Closed Penitentiary Institution continues, disregarding the pandemic measures. Detainees and convicts have been treated with such inhumane practices for a long time.¹³

Arrest of two parents with children

In our opinion, this is an issue that should be evaluated very carefully in terms of the best interests of the child. We know that there are children in Turkey who have both their mother and father imprisoned in this way. As an example, we can give the quintuplet siblings recently mentioned by Yesil Sol Party MP Omer Faruk Gergerlioglu.

The Arslan couple, whose files are at the Court of Cassation, is one of the 5 families in Turkey with quintuplets. The Arslan family, which made news in the national media when the quintuplets were born, currently has 7-year-old quintuplets named Arif, Ahmet, Meryem, Yusuf and Selahattin and a 13-year-old daughter named Vildan. Born on June 12, 2016, Arif is congenitally disabled. The other children were hospitalized in intensive care for a long time due to multiple births.The 6 siblings, who were taken to Malatya to live with their grandmother after their parents were arrested, have been living in a tent since their grandfather’s house was damaged by an earthquake on February 6, 2023.¹⁴

Detention of parents of sick children

Tarik Ekmekci is a 9-year-old boy with autism. Both his mother and father are in prison.

Yesil Sol Party MP Omer Faruk Gergerlioglu said in parliament that the detention of the parents of this child, who has a special health condition, has caused great distress.¹⁵

Children between the ages of 0-6 staying with their mothers in prison

In the response to CHP Muğla MP Gizem Özcan’s question, it was stated that 552 children between the ages of 0-6 were in prison with their mothers.

Early childhood experiences during living with incarcerated mother may lead to problems during adulthood and effect social position in the society as disadvantaged.
In this study, it was concluded that the developmental characteristics of children who stay with their mothers in penal institutions are abnormal and suspicious compared to their peers, and the mother-child relationship is in the dimension of conflict. In this direction, when the opinions of the mothers are evaluated thematically, it is concluded that women’s penal institutions have an abusive effect on children staying with their mothers in penal institutions and that child-oriented arrangements should be made to improve the physical, social and psychological environment. The United Nations Convention on the Rights of the Child is the most important international legal basis for child care practices of the child protection system. In terms of child protection, the Constitution of the Republic of Turkey, the Turkish Civil Code, the Law No. 2828 on Social Services and Child Protection Agency and the Child Protection

Law No. 5395 have an important place . It is not possible to say that there is a holistic, comprehensive and effectively integrated child protection policy in Turkey .¹⁶

Yesil Sol Party Deputy Şırnak Deputy Ayşegül Doğan, in her speech in the Grand National Assembly of Turkey,

“Article 65 of the Law on the Execution of Sentences and Security Measures regulates the stay of children whose mothers are convicted in Turkey with their mothers until the age of 6. On April 14, 2020, a new regulation was made in the Penal Execution Law due to the pandemic, and the execution of prison sentences, He said that postponement has started to be implemented for women who are pregnant or who have not passed one year and six months since the date of giving birth, but an exception has been made to this temporary measure and those who are detained or convicted for crimes committed within the scope of membership in the organization are excluded from the scope of sentence reductions and execution postponements. “¹⁷

Studies show that children in the 0-6 age group who stay in prison with their mothers face serious problems.

The main problems are the exclusion of mothers with children in the wards, lack of separate meals for children, lack of necessary and sufficient facilities for children’s physical and mental development, children being taken to doctors without mothers, and lack of separate beds for children.

Children are forced to pass through an x-ray device called “prisoner admission” many times when entering and exiting many places, including nurseries. Instead of treating children as prisoners in prisons, they should be seen as ‘children’ and arrangements/treatment should be made accordingly.

We would like to remind you that international agreements, and especially the UN Bangkok Rules, contain regulations regarding pregnant women, breastfeeding women and women who remain in prison with their children.

In addition, in accordance with the UN Convention on the Rights of the Child, the necessary regulations must be implemented as soon as possible, taking into account the best interests of the child.

Torture Data in Prisons

In an interview with us, B.A, a prisoner at Tarsus Women’s Closed Prison, told us about her experiences during her imprisonment. After 2 years in prison, B.A. was released in January 2023 and is still under the effects of the tortures she suffered.
She listed the tortures she experienced as follows
-I was subjected to physical violence by the guards because I wanted to eat because the food sold in the canteen was expired and spoiled.
The food provided is not efficient , nutrition needs are not met, my teeth were broken by the guards
-The beds are stained with blood.
-I saw the unused mattresses in the institution, I asked for them and then they locked me in a cell. I got sick in the cell, I fainted and they didn’t take me to the hospital.
-There were small children in the prison with their mothers who were not able to access their basic needs such as milk and diapers.
-The situation of heavy lifers is much worse in terms of physical conditions . The windows are closed with small extra wires and there are iron bars . After a while you can’t see far because we always look close .
-Political prisoners are examined in hospital in handcuffs
-No course rights
-The guard kept calling me terrorist B.
-I couldn’t benefit from my right to health care. I petitioned many times, I expressed my discomfort, but I wasn’t taken to the hospital.
-I had a stone in my gall bladder and I couldn’t get proper food for it.
-A woman named G.G, also a prisoner, committed suicide . she said she was raped by the guards . she left a letter before she died .
-I petitioned many times about the physical and psychological violence I suffered and my rights. none of them were taken into consideration. the guards were given non-prosecution due to a procedure called ‘the right not to be stained’.
-I was also a political prisoner . the judge told me at the hearing that you are innocent but there is nothing I can do . there is a lot of political pressure on the judiciary in Turkey . the courts are not independent .
My legal struggle is still going on. “
She said .

Hozan Canê, a German citizen and Kurdish artist, talks about her experiences in prison in Turkey in an interview.
Hozan Canê says she was poisoned on her second day in custody.
“There were seven guards, they told me, “Take your clothes off”. I didn’t undress. Then three guards came and said, “We will show you how to undress.” Each of them held one of my hands, one held my head… They took the dress off me. They sat me on a small wooden chair. A warden came in, she was wearing white gloves. One guard held one leg, the other one held the other leg… The other guard came. She put her hand on my uterus, she was looking for heroin, I was covered in blood.”
“Rats come out of the toilet.” I saw a 15-day-old baby,
After seeing that child, I started vomiting. They said, “Unfortunately, the child was born here.” All the flesh under the child’s legs was gone. They didn’t give him milk, diapers, cream, or water to wash him. That child still haunts my dreams, my psychology is broken and I am still undergoing heavy treatment.¹⁸

According to the news report of Sol Tv dated 12.04.2022, Halil Kasan, who was driven to
suicide in Silivri L Type Closed Prison No. 5 and is in intensive care as a result of the torture of the guards, said in his last phone call record with his family, “These people are telling us to hang ourselves. We have decided because of the persecution, we will hang ourselves”, he was quoted as saying¹⁹

Bianet’s Evrim Kepenek reports,
Duygu Koral, a prisoner in Kocaeli F Type Closed Prison No. 1, died on March 20, 2023 under suspicious circumstances in her single room. In the investigation launched after Duygu Koral’s suspicious death, the prosecutor’s office decided that there was “no need for prosecution”. The lawyers of the Koral family stated that the prosecutor’s office
conducted an incomplete investigation and said, “The claim that she told her mother ‘I was harassed’ was not investigated.”²⁰

Human Rights Foundation of Turkey’s 2021 report showed that torture and ill-treatment increased. The number of applicants to the Human Rights Foundation of Turkey for torture and ill-treatment reached the peak of the last 30 years in 2021. Last year, 56 children applied to the HRFT with the allegation of torture.

According to Ezgi Yusufoğlu, a sociologist working on ‘aggravated life imprisonment’ prisoners, for whom solitary confinement is the most common form of solitary confinement, ‘about 3,000 prisoners, maybe more than that, are kept in solitary confinement’ across the country.²¹

The Human Rights and Equality Institution of Turkey (TİHEK) investigated allegations of torture in Ankara Sincan L Type Closed Prison No 2. The report on the visit to the prison included allegations that prisoners were subjected to torture in the infirmary unit and in a room during admission to the institution.

Other problems listed in the report on the prison are as follows

• Complaints that the clothes of the detainees in custody were not changed for a long time were reflected in the report and deformed clothes were seen on many detainees.
• Although the capacity of the institution is 1,724 prisoners, the number of prisoners in the institution is 2,115.
• It was stated that many detainees had to sleep on the floor due to overcrowded wards.
  -In the last one year, criminal complaints were filed against 199 detainees and disciplinary sanctions were imposed on 344 detainees.
• It was found that the health service was not in compliance with hygiene conditions.²²

TIHEK also visited Diyarbakır Juvenile and Youth Closed Prison. It was pointed out that the staff of the institution did not receive special training on human rights, interpersonal communication and prohibition of torture and ill-treatment. It was stated that one of the 6 applications to Diyarbakır Chief Public Prosecutor’s Office regarding ill-treatment by detainees in the last 1 year was sent to the high disciplinary board and the other one is under investigation.

Other problems mentioned in the report on the prison are as follows:

• In some units, it was determined that there was no door at the entrance to the bathroom-toilet.
• It was observed that there were no wardrobes for prisoners in some rooms.
• It was determined that the conversations of the detainees’ lawyers could be heard outside.
• It was reported that some windows were broken/cracked in the common living areas of the units. Detainees stated that there were water leaks in cold weather and rainy days.²³

According to Human Rights Association 2020 report ;

The strip searches at Diyarbakır High Security Prison No. 1 and Diyarbakır Women’s Closed Prison have been on the public agenda for a long time.
With the pandemic, one of the main agendas of detainees and convicts in prisons in cities far from their families has been the issue of transfer to prisons close to their families. While the petitions of detainees and convicts were not responded to positively due to the pandemic, it was also reflected in the press that many prisoners were transferred to other prisons against their will on security grounds as an official double standard practice.
Detainees and prisoners in prisons far away from their families have repeatedly stated in their letters and applications that they are in complete isolation during the pandemic.²⁴

Rights Violations due to Physical Conditions in Prisons

Fatih Seyis 2018/32269 application is about violation of the prohibition of ill-treatment due to being kept in a crowded room in a penal institution. The application concerns the allegations of violation of the prohibition of ill-treatment due to being kept in a crowded room in a penal institution and violation of freedom of expression due to the rejection of his request to purchase periodicals through the institution administration at his own expense.

There are important judgments of the ECtHR that access to properly equipped and hygienic sanitary facilities is of paramount importance for the protection of the personal dignity of detainees and convicts.
Not only were the physical conditions in the prisons inadequate, but also the conditions in which prisoners could maintain their personal hygiene were not available.

According to our evaluations ,

First of all, the execution of sick detainees and prisoners in prisons must be stopped, otherwise, treatment conditions must be provided immediately.
Torture and ill-treatment practices against detainees and convicts in prisons must be stopped immediately and effective investigation mechanisms must be put in place against public officials who commit unlawful acts.
The right to privacy of detainees and convicts must be respected and cameras showing private areas must be removed immediately.
Prisoners and detainees should be provided with the necessary facilities for social and cultural activities.
Detainees and convicts should be provided with adequate, balanced and healthy nutrition and vitamin supplements until their release.
Until the release of detainees and convicts, chronically ill, disabled, elderly, elderly, children, pregnant detainees and convicts who are in the risk group and inadequate to ensure their personal hygiene should be kept in environments with appropriate capacity and hygiene conditions instead of crowded wards until their sentences are suspended through judicial control.
In order for detainees and convicts to stay in a healthy environment during the period they are deprived of their liberty, they should be provided with the necessary cleaning tools, personal protective equipment and cleaning materials should be provided free of charge, not for a fee from the canteen, attention should be paid to hygiene conditions, and considering the pandemic conditions, it is necessary to be meticulous in cleaning and health issues.
Ensure effective administrative and judicial oversight of the members and officials of the reviewing institution, prison administration, physical conditions and unlawful treatment of detainees and convicts
Immediately protect the rights guaranteed under UN conventions for pregnant women and children in prison and make the necessary adjustments
A special arrangement should be made for children whose parents are detained, the detention of 2 parents at the same time should be arranged in favor of the children with special executions .

Unfortunately, the above examples are just a few examples of the statistics we gave at the beginning of this article.

Annual human rights reports and global media reports on Turkey show a worrying picture of human rights violations. And this data is more suspicious for detainees and prisoners, because it is claimed by the detainees and their relatives that there are many incidents that are not recorded.

We hope that it will not be so difficult to exercise the right to live with dignity and that this report will provide an important light for Turkey.

20/02/2024

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