Türkiye
07.05.01
Urgent Interventions
Press Release: OMCT asks Turkey to proclaim an unconditional right to communal activities in prisons
PRESS RELEASE (OMCT)
TURKISH PRISONS
Amendment to article 16 of the Anti-Terror Law
The World Organisation Against Torture (OMCT) welcomes the amendment to article 16 of the Anti-Terror Law approved by the Turkish parliament, which lifts the ban set on political prisoners’ ability to engage in communal activities. This amendment represents a positive step towards the solution of the crisis prevailing in prisons since December 2000.
The World Organisation Against Torture, however, remains concerned about certain aspects of this amendment, which fail to fulfil the expectations of human rights organisations, such as the Turkish Human Rights Association (IHD).
The adopted amendment fails to proclaim an unconditional right to communal activities, in accordance with international standards such as article 78 of the UN Standard Minimum Rules for the Treatment of Prisoners. The amendment limits this right to participation in educational and rehabilitation programs, and is subject to security conditions and the existence of facilities within the penitentiary institution. Furthermore, the effects of the activities on the prisoner have to be consistent with the program’s objectives.
OMCT expresses deep concern regarding the implementation of this amendment, notably:
The obligation for prisoners to take part in educational programs may result in prisoners refusing to take part in them, and instead remain in solitary confinement, if these programs are politically orientated (exemplified by the obligation for prisoners to sing the national anthem every morning).
Secondly, who will be entitled to set the duration and objectives of the programs? These objectives should under no circumstances interfere with the prisoners’ freedom of opinion, and be set by an authority that is independent from the penitentiary and judiciary institutions.
Thirdly, concerns remain regarding the selection of the authority that will be entitled to judge the program’s effects on the convict, and the criteria under which this is performed. The judging authority should be independent from the penitentiary institution and the criteria should be set officially, in order to prevent abuses.
Finally, OMCT believes that no limitation to communal activities should be set due to a lack of available facilities in the penitentiary institution. It is the state’s responsibility to ensure that human rights, including the right for prisoners to spend a reasonable part of the day outside of their cells, are fully enjoyed within its jurisdiction. It is therefore the state’s obligation to create such facilities and take interim measures until the facilities have been established.
Unless these points are clarified, OMCT believes that the amendment to article 16 could lead to a legalisation of abuses, as it leaves open a wide range of possible interpretations.
The current hunger strike has now resulted in 20 deaths, with the death of Fatma Hulya Tumgan, aged 32, last Saturday 28th of April. Following the visit of parliamentarians Daniel Cohn-Bendit and Johannes Swoboda, the European Parliament has urged the government to take clear and effective measures in order to ensure that all prisoners put an end to their hunger strike. This amendment is a positive development but fails to reach this objective and doesn’t satisfy the Copenhagen criteria.
Therefore, OMCT:
1. Urges the Minister of Justice to publicly take the position to end the isolation system and to establish the real and unconditional right to communal activities, limited only for disciplinary reasons and in accordance with articles 27 to 32 of the UN Standard Minimum Rules for the Treatment of Prisoners (determination by law or official regulations of the disciplinary offence, type and duration of the related punishment, competent authority entitled to impose the punishment; proper opportunity for the prisoner to present his/her defence, and daily medical visits if the prisoner is placed in close confinement).
2. Urges the Parliament to adopt legislation enabling the full and unconditional practice of this right, and to consider lifting article 16 of the Anti-Terror Law;
3. Urges the Minister of Justice to adopt a public regulation clarifying the implementation of the amendment to article 16 of the Anti-Terror Law, and to inform hunger strikers promptly and clearly of such regulations;
4. Urges the Minister of Justice to take interim measures before the adoption of such regulations, by opening the doors to cells within each separate group of six 3-person units and each separate group of 3 solitary units for a reasonable time (8 hours a day);
5. Urges the government to establish independent prison monitoring groups to inspect and report on detention conditions in prisons;
6. Recommends the ad-hoc committee of the European Parliament to set an earlier schedule for its visit to Turkey, which is currently planned for the 6-8 of June;
7. Recommends that the Council of Europe raise the Turkish prisons crisis in the weekly meetings of the Committee of Ministers;
8. Asks the CPT to monitor the implementation of the amendment to art 16 of the anti-terror law.
Geneva, Friday May 4th 2001
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BILL AMENDING AN ARTICLE OF THE ANTI-TERROR LAW:
Article 1 – The second and third paragraphs of Article 16 of the Anti-Terror Law no. 3713 of 12.4.1991 have been amended as follows:
“In these institutions convicts shall be classified according to offences they have committed, their conduct within the institution, and areas of interest and capabilities, and participate in education, sport, vocational training and work home programs and other social and cultural activities within the framework of rehabilitation and education programs developed for such convicts. The duration of such programs and the number of convicts, who will participate in such programs, shall be determined by reference to the nature of each specific program, security conditions and facilities that can be provided by the institution. Such rehabilitation and education programs may be discontinued or revised in the event it has been observed their effects on convicts were inconsistent with the objectives thereof. Any convict, who has been subjected to a disciplinary punishment, other than a reprimand, shall not be permitted to meet his or her visitors without any physical barriers until such punishment has been lifted.
Any convict, who has behaved good at least a third of his or her term of imprisonment, or is entitled to benefit from the Law no. 3419 of 25.3.1988 on Provisions Applicable to Persons Who Have Committed Certain Offences, may be transferred to other penitentiaries.
Article 2 – This Law should come into effect on the date of promulgation hereof.
Article 3 – Provisions of this Law shall be executed by the Council of Ministers.
TURKISH PRISONS
Amendment to article 16 of the Anti-Terror Law
The World Organisation Against Torture (OMCT) welcomes the amendment to article 16 of the Anti-Terror Law approved by the Turkish parliament, which lifts the ban set on political prisoners’ ability to engage in communal activities. This amendment represents a positive step towards the solution of the crisis prevailing in prisons since December 2000.
The World Organisation Against Torture, however, remains concerned about certain aspects of this amendment, which fail to fulfil the expectations of human rights organisations, such as the Turkish Human Rights Association (IHD).
The adopted amendment fails to proclaim an unconditional right to communal activities, in accordance with international standards such as article 78 of the UN Standard Minimum Rules for the Treatment of Prisoners. The amendment limits this right to participation in educational and rehabilitation programs, and is subject to security conditions and the existence of facilities within the penitentiary institution. Furthermore, the effects of the activities on the prisoner have to be consistent with the program’s objectives.
OMCT expresses deep concern regarding the implementation of this amendment, notably:
The obligation for prisoners to take part in educational programs may result in prisoners refusing to take part in them, and instead remain in solitary confinement, if these programs are politically orientated (exemplified by the obligation for prisoners to sing the national anthem every morning).
Secondly, who will be entitled to set the duration and objectives of the programs? These objectives should under no circumstances interfere with the prisoners’ freedom of opinion, and be set by an authority that is independent from the penitentiary and judiciary institutions.
Thirdly, concerns remain regarding the selection of the authority that will be entitled to judge the program’s effects on the convict, and the criteria under which this is performed. The judging authority should be independent from the penitentiary institution and the criteria should be set officially, in order to prevent abuses.
Finally, OMCT believes that no limitation to communal activities should be set due to a lack of available facilities in the penitentiary institution. It is the state’s responsibility to ensure that human rights, including the right for prisoners to spend a reasonable part of the day outside of their cells, are fully enjoyed within its jurisdiction. It is therefore the state’s obligation to create such facilities and take interim measures until the facilities have been established.
Unless these points are clarified, OMCT believes that the amendment to article 16 could lead to a legalisation of abuses, as it leaves open a wide range of possible interpretations.
The current hunger strike has now resulted in 20 deaths, with the death of Fatma Hulya Tumgan, aged 32, last Saturday 28th of April. Following the visit of parliamentarians Daniel Cohn-Bendit and Johannes Swoboda, the European Parliament has urged the government to take clear and effective measures in order to ensure that all prisoners put an end to their hunger strike. This amendment is a positive development but fails to reach this objective and doesn’t satisfy the Copenhagen criteria.
Therefore, OMCT:
1. Urges the Minister of Justice to publicly take the position to end the isolation system and to establish the real and unconditional right to communal activities, limited only for disciplinary reasons and in accordance with articles 27 to 32 of the UN Standard Minimum Rules for the Treatment of Prisoners (determination by law or official regulations of the disciplinary offence, type and duration of the related punishment, competent authority entitled to impose the punishment; proper opportunity for the prisoner to present his/her defence, and daily medical visits if the prisoner is placed in close confinement).
2. Urges the Parliament to adopt legislation enabling the full and unconditional practice of this right, and to consider lifting article 16 of the Anti-Terror Law;
3. Urges the Minister of Justice to adopt a public regulation clarifying the implementation of the amendment to article 16 of the Anti-Terror Law, and to inform hunger strikers promptly and clearly of such regulations;
4. Urges the Minister of Justice to take interim measures before the adoption of such regulations, by opening the doors to cells within each separate group of six 3-person units and each separate group of 3 solitary units for a reasonable time (8 hours a day);
5. Urges the government to establish independent prison monitoring groups to inspect and report on detention conditions in prisons;
6. Recommends the ad-hoc committee of the European Parliament to set an earlier schedule for its visit to Turkey, which is currently planned for the 6-8 of June;
7. Recommends that the Council of Europe raise the Turkish prisons crisis in the weekly meetings of the Committee of Ministers;
8. Asks the CPT to monitor the implementation of the amendment to art 16 of the anti-terror law.
Geneva, Friday May 4th 2001
---------------------------------------------------
BILL AMENDING AN ARTICLE OF THE ANTI-TERROR LAW:
Article 1 – The second and third paragraphs of Article 16 of the Anti-Terror Law no. 3713 of 12.4.1991 have been amended as follows:
“In these institutions convicts shall be classified according to offences they have committed, their conduct within the institution, and areas of interest and capabilities, and participate in education, sport, vocational training and work home programs and other social and cultural activities within the framework of rehabilitation and education programs developed for such convicts. The duration of such programs and the number of convicts, who will participate in such programs, shall be determined by reference to the nature of each specific program, security conditions and facilities that can be provided by the institution. Such rehabilitation and education programs may be discontinued or revised in the event it has been observed their effects on convicts were inconsistent with the objectives thereof. Any convict, who has been subjected to a disciplinary punishment, other than a reprimand, shall not be permitted to meet his or her visitors without any physical barriers until such punishment has been lifted.
Any convict, who has behaved good at least a third of his or her term of imprisonment, or is entitled to benefit from the Law no. 3419 of 25.3.1988 on Provisions Applicable to Persons Who Have Committed Certain Offences, may be transferred to other penitentiaries.
Article 2 – This Law should come into effect on the date of promulgation hereof.
Article 3 – Provisions of this Law shall be executed by the Council of Ministers.