23.07.2008 - Source: UK Border Agency (Home Office)

Treatment of prisoners and detainees (prison and detention centers, incidents of mistreatment, profile of prisoners/detainees mistreated, legislative framework, enforcement) ("Report of Fact Finding Mission; 11-20 February 2008; Turkey") [ID 24407]

see chapter 2, p. 32-51 for details

Document(s): Open document

28.05.2008 - Source: Amnesty International

Prison conditions ("Annual Report 2008") [ID 23461]

"Harsh and arbitrary punishments continued to be reported in “F-type” prisons. A circular published in January granting greater rights to prisoners to associate with one another remained largely unimplemented. Some prisoners were held in solitary confinement and small-group isolation. Widespread protests called for an end to the solitary confinement of PKK leader Abdullah Öcalan, and for an investigation into his treatment.

In May, the European Committee for the Prevention of Torture (CPT) visited the prison island of Imralı where Abdullah Öcalan remained imprisoned to examine the conditions of his detention and his state of health. The CPT findings had not been made public by the end of the year."

Document(s): Open document

11.03.2008 - Source: US Department of State

Prison and detention center conditions ("Country Report on Human Rights Practices 2007") [ID 22807]

"Prison conditions generally improved during the year but facilities remained inadequate. Underfunding, overcrowding, and insufficient staff training were problems.

On September 17, attorneys Filiz Kalayci, Murat Vargun, and Ibrahim Vargun alleged that a team of guards at recently-opened Kirikkale "F-type" high security prison. Prison severely beat and maltreated their two clients after they were transferred to Kirikkale from Sincan Prison in mid-September. Speaking at HRA headquarters, Kalayci stated that the attorneys had observed the results of the beatings: one inmate could not stand up, one's teeth were broken, several had severe bruises, and one had difficulty breathing. Kalayci demanded that independent observers visit the prison.

At year's end the government had not opened an investigation into the allegations. At year's end, the Ministry of Justice reported that Turkey had 391 prisons with a capacity of 92,497 and with a total of 90,837 inmates. The inmates comprised 37,608 convicts and 53,229 arrestees awaiting trial.

On March 25, Ahmet Ersin, a member of parliament from Izmir and member of the parliament's Human Rights' Committee, complained to the press about overcrowding in Turkish prisons. Ersin gave the example of Izmir's Buca Prison, which had a capacity of 1,300 but housed 2,500 prisoners.

On January 22 the Ministry of Justice issued a circular that increased the amount of time prisoners could gather in common spaces in high-security "F-type" prisons, to 10 hours per week in groups no larger than 19.

According to the circular, prisoners can participate in training, sports, and social and cultural activities. The new rules did not apply to prisoners sentenced to heavy life imprisonment or deemed dangerous. According to the medical association, there were insufficient doctors, and psychologists were available only at some of the largest prisons. Several inmates claimed they were denied appropriate medical treatment for serious illness. 

Despite the existence of separate juvenile facilities, at times juveniles and adults were held in adjacent wards with mutual access. Observers reported that detainees and convicts occasionally were held together. Occasionally inmates convicted for nonviolent, speech‑related offenses were held in high-security prisons. 

The government has permitted prison visits by representatives of some international organizations, such as the European Committee to Prevent Torture and the CPT, though it was unclear at year's end the extent to which such visits occurred during the year. The CPT reported on its Web site that it performed an ad hoc visit in May to visit Imrali Island, where PKK leader Abdullah Ocalan was detained, and visited psychiatric facilities in 2006. Domestic NGOs did not have access to prisons. Domestic human rights organizations and activists reported that prison monitoring boards composed of government officials and private individuals were ineffective. The CPT last conducted a systematic visit to the country's prisons in 2004.

In July the Ministry of Justice issued a regulation that restricted the ability of members of parliament to visit inmates who were convicted of terrorism or violations against the constitution and state. According to government sources, officials adopted the regulation to prevent possible attempts by the pro-Kurdish Democratic Society Party (DTP) deputies to visit Abdullah Ocalan, the leader of the outlawed PKK. Human rights activists called the measure undemocratic and argued that reducing parliamentarians' access to prisons would diminish oversight of continuing problems, such as torture. "

Document(s): Open document

06.03.2008 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Fact Finding Mission report on the visit to Imralý High-Security Closed Prison, the case of Abdullah Öcalan (material conditions and regime, contact with the outside world, discipline, medical aspects, recommendations and conclusions) ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 19 to 22 May 2007 [CPT/Inf (2008) 13]") [ID 22674]

Document(s): Report
Government response [CPT/Inf (2008) 14]

06.11.2007 - Source: European Commission

Prison conditions ("Turkey 2007 Progress Report [SEC(2007) 1436]") [ID 22354]

"The improvement of the physical infrastructure of prisons as well as the training of staff continued. As concerns high-security F-type prisons, a circular was issued to address previously identified shortcomings of the communal activities for inmates. Prisons are subject to regular inspection visits by the Penal Institutions and Detention Houses Monitoring Boards, and visits of UN bodies and the Council of Europe Committee for the Prevention of Torture.

However, outstanding problems in prisons include: overcrowding, lack of consistent implementation of provisions regarding communal activities, restrictions on prisoners’ correspondence, and inadequate health/psychiatric resources. Furthermore, civil and military prisons are not open to monitoring by independent national bodies, pending the ratification of the Optional Protocol to the UN Convention against Torture.

Provisions regarding the application of solitary confinement for persons sentenced to aggravated life imprisonment remain in force."

Document(s): Open document

06.03.2007 - Source: US Department of State

Prison and detention center conditions (as of 2006) ("Country Report on Human Rights Practices 2006") [ID 19005]

"Prison conditions generally improved but facilities remained inadequate. Underfunding, overcrowding, and insufficient staff training were problems.

According to the medical association, there were insufficient doctors, and psychologists were available only at some of the largest prisons. Several inmates claimed they were denied appropriate medical treatment for serious illness.

Despite the existence of separate juvenile facilities, at times juveniles and adults were held in adjacent wards with mutual access. Observers reported that detainees and convicts occasionally were held together. Occasionally inmates convicted for nonviolent, speech related offenses were held in high-security prisons.

The government permitted prison visits by representatives of some international organizations, such as the CPT; however, domestic nongovernmental organizations (NGOs) did not have access to prisons. Domestic human rights organizations and activists reported that Prison Monitoring Boards, composed of government officials and private individuals, were ineffective. The CPT visited in 2004 and conducted ongoing consultations with the government."

Document(s): Open document

13.02.2007 - Source: Amnesty International

No adequate medical treatment, in particular psychiatric treatment, in prisons ("Stellungnahme vom 13.2.2007 an VG Schwerin - 7 A 1348/05 As -") [ID 19362]

Expert opinion in German issued by administrative court Schwerin

Document(s): Open document

01.2007 - Source: Human Rights Watch

Torture and ill-treatment in police stations ("World Report 2007") [ID 19010]

"Reports of torture and ill-treatment remain much lower than in the mid-1990s. However, during the March disturbances in Diyarbakır, hundreds of people were detained and allegedly tortured, including approximately two hundred children. Almost all those detained during this time reported being beaten, stripped of their clothes, hosed with cold water, or deprived of food."

Document(s): Open document

08.11.2006 - Source: European Commission

Prison system and conditions (cases of ill-treatment by prison staff; lack of communal activities; solitary confinement regime) ("Turkey 2006 Progress Report") [ID 19682]

"With regard to the prison system, Turkey has adopted regulations to implement the 2004 legislative reforms in this area. Physical infrastructure has also continued to be improved and training is being strengthened.

Outstanding problems in prison facilities include a lack of communal activities, limited interaction between custodial staff and prisoners, inadequate health-care and psychiatric resources as well as cases of overcrowded prison cells.

Cases of ill-treatment by prison staff have been reported. Civil and military prisons are not open to independent monitoring, pending the ratification of the Optional Protocol to the UN Convention against Torture (OPCAT).

The application of a solitary confinement regime to prisoners sentenced to aggravated life imprisonment is too extensive. Such a regime needs to be applied for as short a time as possible and be based on an individual risk assessment of the prisoner concerned."

Document(s): Open document

10.2006 - Source: Amnesty International

Man sentenced to lifelong imprisonment after possibly unfair trial in 1996; he is still in detention, although no evidence was found against him; he was reportedly tortured in detention ("Briefe gegen das Vergessen - Türkei") [ID 17727]

Document(s): Open document

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Torture and other forms of ill-treatment in police/gendarmerie custody ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18630]

"[...] The CPT`s delegation interviewed scores of persons who were, or had recently been (i.e. during the year 2005), in police/gendarmerie custody. The great majority of those persons stated that they had not been physically ill-treated whilst in custody; several of them spontaneously emphasised the contrast with the severe ill-treatment they had experienced during previous periods of custody some years ago. More specifically, the only direct allegation received by the delegation of resort to suspension by the arms and electric shocks dated back to mid 2004 (and concerned the Anti-Terror Department at Adana Police Headquarters).

This positive development was confirmed during the delegation`s discussions with various other interlocutors, such as public prosecutors, State doctors entrusted with the medical examination of persons in police/gendarmerie custody, and representatives of Bar Associations and local branches of the Human Rights Association. They all tended to confirm, in their different ways, that torture was now exceptional and that there had been a very significant decrease in recent years in the number of cases of other forms of physical ill-treatment of persons in custody.

[...] However, the picture which emerges from the information gathered by the CPT`s delegation is not entirely reassuring. The delegation did receive, in each of the three Provinces visited, several allegations of recent physical ill-treatment during police/gendarmerie custody, in a few cases of a serious nature. Further, a number of complaints were heard of physical ill-treatment at the time of apprehension and/or in the context of public demonstrations; indeed, there would appear to be a continuing problem of the disproportionate use of force on such occasions. Medical evidence consistent with some of the above-mentioned allegations was found in the end-of-custody medical reports and/or in medical reports drawn up on entry into prison. Further, in several cases, medical members of the delegation observed themselves injuries consistent with allegations made.

It should also be noted that some persons interviewed alleged ill-treatment of a psychological nature, such as threats of physical ill-treatment or to take into custody other members of the detained person`s family, not to mention verbal abuse.

[...] The most serious allegations of recent physical ill-treatment received by the delegation concerned the squeezing of genitals, combined with severe beatings, of certain detained persons at Beyoğlu District Police Headquarters (Law & Order Department), the Gayrettepe part of İstanbul Police Headquarters (Robbery Department), and Van Police Headquarters (Theft Department). The ill-treatment allegedly took place in the "identification rooms" or the "detention area" of the police departments concerned. The delegation visited the respective police facilities - the configuration of which fully met the detainees` description - and was able to verify from the custody registers the presence on the alleged dates of the individuals concerned.

Special reference should be made to a person interviewed by the delegation three days after his custody at Beyoğlu District Police Headquarters. On examination by a medical member of the delegation, he was found to bear the following lesions: pathological mobility of the nose bone, indicative of a fracture; presence of three crusts 0.5 to 1 cm diameter, at the base of the nose; periorbital haematoma to the right eye; partial luxation of an upper incisor; hypersensitivity to palpation of the processi spinosi L4 and L5, indicative of injury. Movement such as walking seemed particularly difficult and painful. These injuries were consistent with the allegations made.

The information gathered during the CPT`s December 2005 visit would indicate that the curve of ill-treatment by law enforcement officials remains on the decline. However, there are clearly no grounds for complacency, all the more so as reports continue to appear of ill-treatment by law enforcement officials in different parts of the country. [...]

It should also be noted that more than one person interviewed by the delegation alleged that they had been taken by law enforcement officials to a forest area and threatened (e.g. a gun pointed to the head); according to certain of the delegation`s interlocutors, there was an increase in such instances of ill-treatment being inflicted outside of law enforcement establishments. The CPT has itself seen a number of reports of persons being apprehended and ill-treated in an isolated place."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Safeguards against torture and ill-treatment: Obligation to notify without delay a relative of the detained person ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18631]

"The obligation to notify without delay a relative of the detained person was, as a rule, being complied with. In most cases, the notification was made shortly after deprivation of liberty and, in some cases, the detained person was given the opportunity himself to speak to his relatives. Moreover, the procedures related to the notification were properly recorded in the custody follow-up form (including the name and signature of the official giving the notification, the date and time at which notification was given, and the signature of the detained person confirming the fact that detention had been notified). However, in a few cases, allegations of delays in notification were received, as well as of absence of feedback to the detainee (whether notification had indeed been made or when)."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Safeguards against torture and ill-treatment: Right of access to a lawyer ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18632]

"As already indicated, all criminal suspects have, as from the outset of custody, the right of access to a lawyer (including free legal assistance, private detainee-lawyer consultations and the possibility for lawyers to be present when statements are taken). The appointment of a lawyer has long been obligatory if the suspect is a minor. This obligation to appoint a lawyer has now been extended to all persons detained who are suspected of an offence punishable by a maximum sentence of at least five years imprisonment.

The information gathered during the December 2005 visit confirmed that there had been a significant increase in the number of persons enjoying access to a lawyer whilst in police custody, including in cases where the assistance of a lawyer was not obligatory. In fact, most criminal suspects had received the visit of a lawyer during their period of custody (contrary to the situation observed during earlier visits, when access to a lawyer was the exception, not the rule). Not surprisingly, this had led to an exponential increase in requests for legal aid, which were taken care of by the local Bar Associations.

However, the delegation heard allegations to the effect that law enforcement officials still do on occasion delay access to a lawyer, so as to enable the person detained to be informally questioned without the presence of a lawyer, prior to the taking of a formal statement (in the lawyer`s presence)."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Safeguards against torture and ill-treatment: "Suspects Rights Form" (SRF) ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18633]

"A "Suspects Rights Form" (SRF) reflecting the latest legal situation was in use in the three Provinces visited. However, many detained persons claimed they had been informed of their rights only some time after having been brought to the detention facility, often after an initial "informal" questioning session. It was also clear that a copy of the signed SRF was frequently not given to detained persons, despite the requirement in the Regulation on Apprehension that this be done."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Safeguards against torture and ill-treatment: System for the medical examination of persons in police/gendarmerie custody ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18634]

"The provisions of the revised Regulation on Apprehension concerning the system for the medical examination of persons in police/gendarmerie custody are consistent with the CPTs previous recommendations on this subject. In particular, it is spelt out that the examination must take place in the absence of law enforcement officials, unless the doctor requests their presence in a particular case; further, emphasis is placed on ensuring the confidentiality of the report sent to the public prosecutor. The CPT also welcomes the stipulation that the doctor should immediately notify the public prosecutor if he makes any findings indicative of the offences of torture or ill-treatment.

[...] The December 2005 visit offered another opportunity to review the operation of the system; for this purpose, the delegation heard the accounts of numerous persons who were (or had recently been) in custody, interviewed doctors called upon to examine detainees as well as police/gendarmerie officers, and examined medical reports drawn up following such examinations.

As regards the issue of the confidentiality of the medical examinations, the information gathered indicates that it is still far from being guaranteed. Most detained persons claimed that they had been examined in the presence of law enforcement officials, and such a practice was openly acknowledged by medical staff at Van State Hospital. Similarly, the requirement that the report be transmitted to the prosecutor in a closed and sealed envelope was often not being complied with.

From the information gathered it would also appear that detained persons were still usually medically examined with their clothes on and that, in most cases, the medical findings were limited to "No signs of physical ill-treatment/injuries". The poor quality of the medical reports drawn up after these examinations, and the obstacles this raised in the context of legal proceedings in respect of allegations of ill-treatment, was highlighted by one senior public prosecutor met by the delegation during the visit."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Safeguards against torture and ill-treatment: Procedures for monitoring the situation in law enforcement establishments ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18635]

"The CPT has repeatedly emphasised the importance of maintaining the vitality of procedures for monitoring the situation in law enforcement establishments and, in the report on the March 2004 periodic visit, called for "more robust on-the-spot checks".

The information gathered by the CPT`s delegation in December 2005 indicates that public prosecutors are carrying out frequent, unannounced, inspection visits to law enforcement facilities, and that on these occasions they do interview detained persons in private. Reports on these visits were sent to both the Provincial Chief Prosecutor and the Ministry of the Interior.

[...] The provincial and sub-provincial human rights boards established in 2001 also have as one of their duties to monitor the situation in law enforcement establishments (cf. Article 12 of the 2003 Regulation setting out the board`s duties and working principles), and the CPT had received reports to the effect that certain of the boards had already begun to carry out on-site visits to such establishments. However, the Committee`s delegation did not find any evidence of visits by human rights boards in Adana, İstanbul or Van.

The delegation raised this question with the Vice Governor of the İstanbul Province, to whom the task of chairing the provincial board had been delegated. He confirmed that the İstanbul Provincial Human Rights Board had not carried out any visits to law enforcement establishments during 2005. In this connection, he expressed the view that if the board began to organise such visits, this could be interpreted as a lack of confidence in the work of the public prosecutors and representatives of the Governor`s Office who already visited law enforcement establishments on a regular basis."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Conditions of detention in the law enforcement establishments Adana Police Headquarters, İstanbul Police Headquarters, Beyoğlu District Police Headquarters in İstanbul, Sirkeci Police Station, Eminönü District in İstanbul, Van Police Headquarters, Provincial Gendarmerie Headquarters in Van ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18733]

"[...] Conditions of detention in the law enforcement establishments visited in December 2005 were on the whole adequate for the periods of custody involved and, in some cases, could be described as very good. Most cells were sufficiently large for the intended level of occupancy, were equipped with a means of rest (plinths or benches), and had adequate artificial lighting; a number of them also benefited from access to natural light. Further, the custody facilities were generally clean and well ventilated. However, conditions in the cells on the ground floor of Sirkeci Police Station, attached to Eminönü Police Headquarters in İstanbul, were not satisfactory and in particular were poorly lit.

In most of the establishments visited, persons staying overnight in custody were provided with a mattress. However, there were exceptions, for example, the previously-mentioned Sirkeci Police Station (including in the law and order department located upstairs in that station); further, the approach followed in certain establishments of applying a thin felt-type covering to wooden plinths is not satisfactory.[...]

Reference should also be made to a large-scale law enforcement operation that was organised in Van in May 2005, and which led to some 54 demonstrators being detained for 48 hours at the Provincial Gendarmerie Headquarters. This resulted in up to nine persons being held in 6 m² cells."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Persons detained by police provided with food ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18734]

"As in the past, persons detained by the police were provided with food (bread, cheese, tomatoes), if necessary free of charge. However, persons could be held for prolonged periods (up to four days) and only receive the same cold food throughout their custody; no hot meals were provided. In addition, many persons met by the delegation alleged that they had not received food or water for hours after their apprehension. On a more positive note, at the Provincial Gendarmerie Headquarters in Van, detained persons were provided with the food prepared by the central kitchen."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Improvements to interrogation and identification facilities in law enforcement establishments ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18735]

"Progress continues to be made as regards improvements to interrogation/identification facilities; no highly intimidating rooms of the kind discovered during earlier visits were seen in December 2005. Certain facilities previously criticised by the CPT had been brought up to an acceptable standard or taken out of service; the radical improvements made to the interrogation facilities in the Anti-Terror Department at Van Police Headquarters deserve a special mention. The delegation was also impressed by the standard of the interview/statement taking rooms of the Anti-Terror Department at İstanbul Police Headquarters."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Situation in the detention unit for immigration detainees at Istanbul Police Headquarters; new facility for this category of detainees reportedly put in place by the end of 2006 ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18736]

"As already indicated (cf. paragraph 9), the situation observed by the CPT`s delegation in the detention unit for immigration detainees at İstanbul Police Headquarters was the subject of an immediate observation under Article 8, paragraph 5, of the Convention. With a capacity - according to staff - of 90, the unit was holding more than double that figure (147 men and 43 women) on the day of the delegation`s visit. The outrageous overcrowding and general sordidness of the conditions in the facility beggared belief, a state of affairs which is all the more serious in view of the fact that some of the detainees had been held there for more than six months.

[...] Some minor improvements have been made over the years. However, the facts found during the December 2005 visit have highlighted once again the fundamental inadequacy of the existing detention unit; above all, it is too small.

A solution to this long-standing problem might finally be in sight. By letter of 23 February 2006, the Turkish authorities confirmed that a much larger facility for this category of detainee, offering far better conditions, would be brought into service towards the end of 2006, once extensive renovation work at the site concerned (in the Eminönü District) had been completed. [...]

The entry into service of the new facility will in any event not occur for some months. [...]

In their letter of 23 February 2006, the Turkish authorities state that during the transitional period, immediate measures have been taken to improve conditions at the existing facility, including as regards sanitary conditions and the provision of food.

[...] the current situation, in which persons can spend weeks if not months without ever having access to the open air, is inadmissible.

The CPT understands that once the immigration detainees have been transferred, sections of the ground floor and the basement of Building B at the Headquarters will be renovated for the purpose of setting up a central detention unit for the departments located in that building (Narcotics, Organised Crime, etc.)."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Hardly any complaints of ill-treatment of prisoners by staff in Adana F-type prison and Tekirdağ F-type Prisons Nos 1 and 2 ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18737]

"Hardly any complaints were received by the CPT`s delegation of ill-treatment of prisoners by staff of the three F-type establishments visited, namely Adana F-type Prison and Tekirdağ F-type Prisons Nos 1 and 2.

Some allegations were heard of ill-treatment in the course of the transfer of a number of prisoners from Tekirdağ F-type Prison No 1 to other establishments during the early morning of 30 July 2005. At the delegation`s request, the Turkish authorities provided information on this transfer. The CPT welcomes the fact that representatives of the prison monitoring board were invited to be present during this pre-arranged operation, an approach which the Committee has previously recommended in such situations. The Committee notes the assessment report of the five board members concerned, to the effect that proportionate force was used to overcome the resistance put up by the prisoners to their transfer.

More generally, the delegation formed an overall positive impression of the quality of the staff assigned to the above-mentioned F-type establishments. However, it was observed that contacts between custodial staff and prisoners were limited in scope. Positive staff-inmate relations are in the interest of both humane treatment of prisoners and security within the establishments concerned."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Ill-treatment by staff of inmates at Adana E-type Prison ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18738]

"[...] the delegation heard numerous allegations of the ill-treatment by staff of inmates at Adana E-type Prison. These allegations emanated from both prisoners at the establishment and from persons who had previously been held there. The ill-treatment alleged related for the most part to slaps, punches and kicks, as well as verbal abuse; however, some allegations of falaka were also received. NGO representatives met by the delegation in Adana, including members of the Bar Association, also expressed concern about the situation in the E-type Prison. The general picture that emerged was of an establishment in which a very strict code of behaviour was enforced, with any breach - no matter how minor - likely to meet with physical chastisement. [...]

Moreover, Adana E-type Prison was grossly overcrowded at the time of the December 2005 visit, with some 950 prisoners for a capacity of 450. To give an example of the practical effects of this situation, in one unit the delegation found 22 prisoners sharing an upstairs dormitory of some 24 m2, ten of them sleeping on the floor on mattresses.

This is not the first time that allegations of ill-treatment in this establishment have come to the CPT`s attention."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Death of a soldier after severe ill-treatment in the Military Prison in Adana in July 2005 ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18739]

"After the visit, the CPT received reports concerning an ongoing investigation into the death of a soldier in July 2005, which apparently was the result of severe ill-treatment inflicted while he was held in the 6th Army Corps Command Class 1 Military Prison in Adana. The Committee understands that 29 military servicemen have been indicted in relation to this death, and that the investigation file also refers to other cases of alleged ill-treatment in the same prison during 2004 and 2005."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Out-of-unit activities in high-security prisons ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18740]

Please consult the original document for detailed information on out-of-unit activities in Adana F-type Prison and Tekirdağ F-type Prisons Nos 1 and 2

"The CPT has never made any criticism of material conditions of detention in F-type prisons, and the facts found during this most recent visit confirmed that they are of a good standard. However, the Committee has repeatedly stressed the need to develop communal activities for prisoners outside their living units5; it is unfortunately very clear from the information gathered in December 2005 that the situation in this regard remains highly unsatisfactory.

In each of the three F-type prisons visited, the considerable potential of the facilities for activities was far from being fully exploited, a state of affairs openly acknowledged by the staff of the establishments. Admittedly, the continuing reluctance on the part of most prisoners to make use of the workshops was largely responsible for the gross underuse of these particular facilities. However, the very limited possibilities for association (conversation) periods and sport - activities in which an increasing number of prisoners wished to engage - must have another explanation."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Individual confinement of certain categories of prisoners in F-type (high-security) prisons and possible consequences ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18741]

"Certain categories of prisoners are placed in single cells in F-type prisons. They include newly-arrived prisoners undergoing an observation period, prisoners subject to a disciplinary sanction, prisoners segregated for reasons related to maintaining good order within the establishment, and prisoners who have requested to be held apart from others. The CPT`s delegation paid particular attention to the situation of prisoners sentenced to "aggravated life imprisonment" and held in single cells by virtue of Article 25 of the recently-adopted Law on execution of sentences and security measures (LESSM).

The sentence of "aggravated life imprisonment" is applied to prisoners in respect of whom a death sentence has been commuted to life imprisonment, and is also foreseen in the Penal Code for a certain number of crimes. Article 25 of the LESSM sets out the main conditions of execution of such a sentence, the very first being that the prisoner is to be held in an "individual room".

[...] The application of an isolation-type regime is a step that can have very harmful consequences for the person concerned and can, in certain circumstances, lead to inhuman and degrading treatment. The CPT is of the firm view that the imposition of such a regime should be based on an individual risk assessment, not the automatic result of the type of sentence imposed. Support for this position is also to be found in Committee of Ministers Recommendation Rec (2003) 23 on the management of life sentence and other long-term prisoners.

The CPT finds it particularly objectionable - and highly debatable from the standpoint of general legal principles - to apply the provisions of Article 25 of the LESSM to prisoners who, prior to 1 June 2005, shared accommodation with other prisoners and had regular access to communal activities. How can it be cogently argued that a prisoner who on 31 May worked in the prison kitchen and was accommodated with several other inmates in the workers dormitory is nevertheless so dangerous as to justify his segregation from other prisoners the following day?"

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Prison conditions of inmates serving a sentence of "aggravated life imprisonment" in the Adana F-type Prison and in the Tekirdağ F-type Prisons Nos 1 and 2 ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18742]

"The three F-type prisons visited in December 2005 were accommodating a small number of prisoners serving a sentence of aggravated life imprisonment (two in Adana, six in Tekirdağ No 1, one in Tekirdağ No 2), all of whom were being held in single cells. Their only out-of-cell activity, apart from a visit every 15 days and a fortnightly telephone call, was outdoor exercise in the courtyard adjoining their cell - in Adana for one hour per day, in Tekirdağ for two hours (apparently extended from one hour on the day before the delegation`s arrival). The outdoor exercise period was the only time that any contact with another prisoner was allowed; exercise was taken alone, but the prisoner could speak through a window to the prisoner in the cell adjoining the same courtyard. However, the single prisoner serving aggravated life imprisonment in Tekirdağ Prison No 2 was allowed no contact whatsoever with other prisoners, as the Prison Director (unlike his colleague in the No 1 Prison) had understood the law to only permit such a contact with another prisoner serving the same sentence.

The CPT was particularly struck to learn that this very restrictive regime had been applied as from 1 June 2005 (the date of entry into force of the LESSM) to prisoners who had previously been held together with other inmates and enjoyed access to communal activities. The prisoners concerned found this sudden degradation of their situation very difficult to understand and accept, and understandably so.

The Directors of the three prisons each made clear their need for guidance as to the management of these prisoners, which they hoped would be provided in the Regulation on the application of the LESSM due to be issued shortly."

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Prisoners in Tekirdağ F-type Prisons Nos 1 and 2 who had been placed in single cells on psychiatric grounds did not receive adequate medical care ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18743]

"In Tekirdağ F-type Prisons Nos 1 and 2, the CPT’s delegation encountered a small number of prisoners who had been placed in single cells on psychiatric grounds. None of them were receiving the care required by their state of health. In this connection it should be noted that neither of the doctors assigned to the establishments had any competence or experience in treating psychiatric disorders, and there were no consultations at the prisons by visiting psychiatrists. The delegation formed the view that the mental state of at least one of the prisoners concerned - held in a single cell in an otherwise completely empty block (C Annex) at Tekirdağ F-type Prison No. 2 - was such that he should be placed in a secure psychiatric establishment.

The CPT emphasised in the report on the March 2004 visit that untreated psychiatric illness in a prison setting leads to ad hoc measures which may easily constitute inhuman and degrading treatment [...]"

Document(s): Report
Government response [CPT/Inf (2006) 31]

06.09.2006 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Newly-arrived prisoners denied access to outdoor exercise during the period of observation spent in a single cell ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 7 to 14 December 2005 [CPT/Inf (2006) 30]") [ID 18744]

"Reference should also be made to a number of allegations received, in particular at Adana F-type Prison, that newly-arrived prisoners were denied access to outdoor exercise during the period of observation spent in a single cell (which could last for several weeks)."

Document(s): Report
Government response [CPT/Inf (2006) 31]

08.03.2006 - Source: US Department of State

Report on prison conditions ("Country Report on Human Rights Practices 2005") [#46152],  [ID 13515]

"Conditions in many prisons remained poor. Underfunding, overcrowding, and insufficient staff training were problems. Some inmates convicted for nonviolent, speech‑related offenses were held in high-security prisons.

Observers reported that the government made significant improvements in the food provided in the prisons, although there was a lack of potable water in some facilities.

According to the medical association, there were insufficient doctors, and psychologists were available only at some of the largest prisons. Some inmates claimed they were denied appropriate medical treatment for serious illness.

Despite the existence of separate juvenile facilities, at times juveniles and adults were held in adjacent wards with mutual access. Some observers reported that detainees and convicts were sometimes held together.

The government permitted prison visits by representatives of some international organizations, such as the European Committee for the Prevention of Torture (CPT); however, domestic nongovernmental organizations (NGOs) did not have access to prisons. The CPT visited in March 2004 and conducted ongoing consultations with the government. Requests by the CPT to visit prisons were routinely granted"

Document(s): Open document

08.12.2005 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Report on torture and ill-treatment by law enforcement agencies and in prisons, procedural safeguards against ill-treatment, conditions of detention and health care for prisoners ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 16 to 29 March 2004 [CPT/Inf (2005) 18]") [#40813],  [ID 13521]

Document(s): Report
Report Government response [CPT/Inf (2005) 19] Government response [CPT/Inf (2005) 19]

10.2005 - Source: UK Border Agency (Home Office)

Medical treatment during detention ("Country Report - October 2005") [#40563],  [ID 13516]

"6.37 As noted in the European Commission 2005 report:

“As regards medical examinations, training in accordance with the Istanbul Protocol for physicians and judicial staff is ongoing and further such training is planned. Currently examinations are routinely conducted, but their quality is not guaranteed throughout the country and full implementation of the Istanbul Protocol is rare. – There is a limited capacity as far as forensic medicine is concerned and most doctors linked to the Forensic Medical Institute are concentrated in Istanbul and other major cities. Although examinations are increasingly conducted outside courthouses, there is a need to speed up the process of transferring them to hospitals and clinics. The fact that these still take place in several different types of location – including forensic clinics, state or university hospitals and local clinics – hampers the achievement of uniform standards. Moreover, it is of concern that the Forensic Medical Institute is not fully independent because of its reporting line direct to the Ministry of Justice.” [71e] (p23)

6.38 The USSD 2004 reported that:

“State-employed doctors administered all medical exams for detainees. Medical examinations occurred once during detention and a second time before either arraignment or release; however the examinations generally were brief and informal. According to the Society of Forensic Medicine Specialists, only approximately 300 of the 80,000 doctors in the country were forensic specialists, and most detainees were examined by general practitioners and specialists not qualified to detect signs of torture. There were forensic medical centres in 27 of 81 provinces. Some former detainees asserted that doctors did not conduct proper examinations and that authorities denied their requests for a second examination” [5c] (Section 1c)

6.39 In its visits to Turkey the CPT (Committee for the Prevention of Torture) found that a majority of the detained persons interviewed in the course of the September 2003 visit alleged that law enforcement officials had been present during the examination. However, “A somewhat different picture emerged from the delegation’s discussions with health care staff in Adana, Diyarbakır and Mersin. They indicated that on the whole it was now possible to ensure the absence of law enforcement officials. However, there were exceptions; for example, staff at Diyarbakır State Hospital stated that, whereas the police had in recent times been displaying a more cooperative attitude, it was still impossible to persuade members of the gendarmerie to leave the examination room.” [13b] (p12)

6.40 The Amnesty International Medical Action Turkey note of 29 March 2004 reported:

“According to the authorities the new protocol was signed by the Ministry of Justice, the Ministry of the Interior and the Ministry of Health in October 2003. It allows for the presence of security officials during examinations where the examination room is not secure or if the prisoner is being investigated for or has been convicted of ‘terrorist’ acts. The protocol stipulates that when a security official is present, they should ‘take protective measures at a distance where they cannot hear conversations between the doctor and the patient’.” [12g] (p1)

6.41 The AI medical action note further stated that “According to reports, the new protocol was not circulated to health institutions in Tekirdag until 15 January 2004. The protocol apparently conflicts with new regulations introduced in February 2003 and welcomed by AI which stipulate that security officials should not be present during the medical examination of individuals held in police detention unless the physician requests.” [12g] (p1-2)

6.42 As noted in the Norwegian Country of Origin Information Centre ‘Report of fact-finding mission to Turkey (7-17 October 2004)’ made public in February 2005:

“Another lawyer, Mr. Süleyman Islambay from Konya, showed me an example of such a medical examination report (adli muayenesi or adli tip rappor), which usually confirms that the persons examined do not have any visible signs of ill-treatment. Mr. Islambay told me that these examinations were quite superficial and usually conducted with law enforcement officials present. As far as he could observe (he has clients from the province of Konya), medical examinations are usually carried out during detention and either before arraignment or release – as required by the law. According to Mr. Kutlu medical investigations are only carried out by state-employed doctors, very few of them being forensic specialists and thus qualified to detect signs of torture. This statement was corroborated by Mr. Turan, who added that every medical examination was to be paid for by the detainee himself (6 million TL/about 3,5 Euro per case)… While the provisions relating to the medical examination are observed ‘to a certain extent’ (Süleyman Islambay) in most police-stations, they are ignored in others.” [16] (p13&20)"

Document(s): Open document

10.2005 - Source: UK Border Agency (Home Office)

F-Type prisons ("Country Report - October 2005") [#40563],  [ID 13517]

"5.122 According to the US State Department report 2002 (USSD), published 31 March 2003:

“Until late 2000, prisons were run on the ward system and most prisoners lived in 30-100 person wards. Under the ward system prisoner’s accused of terrorism and those who shared similar ideological views were incarcerated together. In some cases, the ward inmates indoctrinated and punished fellow prisoners, resulting in gang and terrorist group domination of entire wards…. Between December 2000 and January 2001, the Ministry of Justice moved hundreds of prisoners charged with terrorism or organised crime to small-cell ‘F-type’ prisons. The F-type design more closely resembled prisons found in most developed countries; according to the Government, the F-type prisons were consistent with the Council of Europe’s Committee to Prevent Torture’s recommendations. However human rights groups and prisoners’ groups claimed that prison authorities isolate F-type inmates from each other and controlled prisoners’ access to water, food, electricity, and toilets.” [5a] (p9)

5.123 The IHF report 2004 reported that “Problems concerning the F-type prisons continued in 2003. F-type prisons were criticized for possibly leading to isolation of prisoners and for lack of group activities. Since the introduction of the F-type prison system in 2000, hundreds of people have participated in death fasts against this type of prison. On 20 October [2003], the 10th group of death fast activists went on hunger strike.” [10] (p8)

5.124 The IHF report 2004 continued “With the two deaths in 2003, the number of persons who died because of death fasts protesting the existence of F-Type prisons reached 64. Between the beginning of actions related to F-type prisons and the end of 2003, a total of 113 persons have died for various reasons in relation to the introduction of this prison type.” [10] (p8)

5.125 The USSD 2004 noted that “According to the HRF, six people died during the year [2004] in hunger strikes protesting F-type (small cell) prisons. The Government reported that, since 2000, the President pardoned 189 inmates on hunger strike. As of September [2004], six hunger strikers remained in prison, according to the HRF.” [5c] (Section 1c)

5.126 As recorded in the International Helsinki Federation (IHF) report of June 2005:

“Human rights organizations protested the conditions imposed in prisons, mainly maximum-security facilities (E-Type and F-Type prisons for persons tried or convicted at former State Security Courts). The HRA reported that eleven inmates committed suicide in prisons, and six persons killed themselves by setting fire to themselves, a common form of protest. Another person died due to the so-called ‘death fast’, another form of protest by political prisoners. Nine prisoners died reportedly due to the prevention or neglect of medical treatment, and five others were killed by other inmates. The prevention of the treatment of prisoners with fatal or serious medical condition was a common problem.” [10a] (p6)

5.127 As noted in the USSD 2003:

“Inmates in high-security F-type prisons were permitted to socialize in groups of 10 for up to 5 hours per week. In addition, they were able to participate in communal activities…The Government reported that the President pardoned 172 hunger strikers during the year. Two prisoners on hunger strike died during the year [2003], bringing total deaths to 107 since the start of the strikes in 2000, according to HRF. The Government alleged that terrorist groups forced weaker members to conduct the hunger strikes and threatened family members of those who wanted to quit.” [5d] (p6)

5.128 The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visited Turkey in March and September 2002 and reported that:

“F-type prisons do possess facilities (workshops, a gymnasium, an outdoor playing field, a library) for communal activities and a legal and regulatory frame work has been adopted which ensures that prisoners can have access to those facilities. However, the development of communal activities has been held back by the reluctance of prisoners held under the Law to Fight Terrorism (who constitute the great majority of the inmate population of F-type prisons) to make use of the above mentioned facilities.” [13a] (p9)

5.129 The CPT also reported its delegation heard no allegations of recent ill-treatment of prisoners in Sincan F-type Prison and, in particular no allegations of ill-treatment during the headcount procedure. The CPT also noted that the Turkish authorities had issued circulars stating that unless medical staff request otherwise, no officials are to be allowed to be present in the examination room and steps are to be taken so that they remain out of earshot when prisoners are receiving medical treatment. [13a] (p11)

5.130 However, the CPT also noted that in respect of Diyarbakir I prison some prisoners had no findings recorded after their medical examination on arrival, despite the fact that they undoubtedly bore injuries or displayed other medical conditions consistent with ill-treatment. [13a] (p12)

5.131 The EC 2005 report recorded that “The Parliamentary Human Rights Investigation Committee published a report on Tekirdag F-type prison in March 2005 and concluded that there were problems with the structure and administration of the prison.” [71e] (p24)"

Document(s): Open document

10.2005 - Source: UK Border Agency (Home Office)

Prison Conditions ("Country Report - October 2005") [#40563],  [ID 13518]

"5.114 As stated in the European Commission 2005 report:

“With regard to the prison system the major development was the adoption of the new Law on the Execution of Sentences in December 2004. Despite some shortcomings, the Law and its secondary legislation – notably the Law on the Establishment of Probation Centres, adopted in July 2005 – introduces modern concepts such as community service and probation into Turkish law. A regulation on the rules and procedures for visiting convicts and detainees was published in June 2005… A number of rehabilitation, cultural and social and educational activities are ongoing in prisons.” [71e] (p21)

5.115 The EC 2005 report continued:

“According to official sources, in May 2005 there were 58 670 persons in prisons and detention houses. Of these, 31 812 were convicted prisoners and 26 858 were prisoners detained on remand. By May 2005, 14 431 prisoners had been released as a result of changes to the law brought about by the adoption of the new Penal Code. Regarding prison conditions in Turkey, there has been significant progress in recent years, but there is a need to continue expanding best practice to all prisons throughout the country as some remain overcrowded and under-resourced.” [71e] (p24)

5.116 The EC 2005 report further noted that “The prison system has continued to improve although isolation in high security prisons remains a serious problem. The training of enforcement judges has, to date, been inadequate.” [71e] (p139)

5.117 As noted in the International Centre for Prison Studies Prison Brief for Turkey (website information last updated on 9 April 2005), in 2004 the number of establishments/institutions was 503. The official capacity of prison system was 70,994 (at April.2004) while the total prison population (including pre-trial detainees/remand prisoners) totalled 67,772 at March 2004 with 49% pre-trial detainees/remand prisoners (March 2004 – 38.9% untried, 10.2% convicted but not finally sentenced). [78]

5.118 The International Helsinki Federation (IHF) report ‘Human Rights in the OSCE Region’, published on 27 June 2005 reported that:

“Prisons were criticized by human rights organizations and international mechanisms for poor conditions, restricted access to basic services and unjustified punitive measures against defendants and convicts… In the reporting period, the ECtHR [European Court of Human Rights] requested as an interim measure suspension of the imprisonment of several political prisoners who were suffering progressive brain damage as a result of a prolonged ‘death fast’ in prisons.” [10a] (p6)

5.119 The USSD 2004 reported that:

“Conditions in most prisons remained poor, although the Government made significant improvements in the system, and the country’s best prisons maintained high standards. Underfunding, overcrowding, and insufficient staff training remained common problems. The Human Rights Foundation reported that the Government provided insufficient funds for prison food, resulting in poor-quality meals; food sold at prison shops was too expensive for most inmates, and there was a lack of potable water in some prisons. According to the Medical Association, there were insufficient doctors, and psychologists were only available at some of the largest prisons. Some inmates claimed they were denied appropriate medical treatment for serious illness.” [5c] (Section 1c)

5.120 The USSD 2003 reported that “The Government maintained that prisons were staffed with doctors, dentists, psychologists, and teachers, although there were shortages in some areas. According to the Medical Association, there were insufficient doctors, and psychologists were only available at the largest prisons. Some inmates claimed they were denied appropriate medical treatment for serious illness.” [5d] (p5-6)

5.121 The USSD 2004 noted that:

“At any given time, at least one-quarter of those in prison were awaiting trial or the outcome of a trial. Men and women were held separately; most female prisoners were held in the women’s section of a prison. Despite the existence of separate juvenile facilities, at times juveniles and adults were held in adjacent wards with mutual access. According to the Government, detainees and convicts were held either in separate facilities or in separate sections of the same facility. However, some observers reported that detainees and convicts were sometimes held together.” [5c] (Section 1c)"

Document(s): Open document

08.2005 - Source: Amnesty International

AI: Contineous human rights violations; response of administration and government on reports about torture und misstreatment still inconvenient; limitation of the right of expression by constituion and the new penal law ("Memorandum on AI's recommendations to the government to address human rights violations") [#38256],  [ID 13519]

"THE NEED FOR GREATER SCRUTINY OF PLACES OF DETENTION

The UN Special Rapporteur on torture has stated that “Regular inspection of places of detention, especially when carried out as part of a system of periodic visits, constitutes one of the most effective preventive measures against torture.”
Amnesty International welcomes recent steps by the government to allow for greater inspection of places of detention. Article 92 of the new CPC requires State Prosecutors to carry out inspections of places of detention – Amnesty International considers such inspections could be an effective and important measure against torture and ill-treatment if the inspections are carried out on both a regular and an ad hoc basis and the subsequent findings and recommendations made public.
Both the Parliamentary Human Rights Commission and the Provincial and Regional Human Rights Boards have both reportedly carried out recent visits to places of detention. While such extra levels of scrutiny are welcome, these bodies are not demonstrably independent or necessarily possessed of the necessary expertise in evaluating places of detention.
At the moment, the only demonstrably independent body which enjoys the right to carry out visits unannounced in Turkey is the European Committee for the Prevention for Torture (CPT) whose findings and recommendations have generated significant change in Turkey regarding detention regulations and an apparently commensurate improvement in patterns of torture and ill-treatment. Amnesty International urges that this right should be granted to other institutions and draws attention to the recommendation of the UN Special Rapporteur on torture that:

…official bodies should be set up to carry out inspections, such teams being composed of members of the judiciary, law enforcement officials, defence lawyers and physicians, as well as independent experts and other representatives of civil society. Ombudsmen and national or human rights institutions should be granted access to all places of detention with a view to monitoring the conditions of detention.

Amnesty International therefore calls on the government to sign and ratify the Optional Protocol to the Convention against Torture which would mandate the establishment of a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty in order to prevent torture and ill-treatment. The Protocol would require the maintenance, designation or establishment of one or several independent bodies at a national level which would carry out monitoring of places of detention. This could be a function of one of the National Human Rights Institutions when they are created. Amnesty International would like to draw attention to theattached report Preventing Torture at Home – A Guide to the Establishment of National Preventative Mechanisms (AI Index: IOR 51/004/2004) which offers guidelines on the structure, powers and operations of such bodies.
However, scrutiny of places of detention should not be limited to official bodies but should be opened to monitoring by non-governmental organizations. As the UN Special Rapporteur on torture has stated:

Independent non-governmental organizations should be authorized to have full access to all places of detention, including police lock-ups, pre-trial detention centres, security service premises, administrative detention areas and prisons, with a view to monitoring the treatment of persons and their conditions of detention.

This view is reinforced by the statement of the UN Special Representative on Human Rights Defenders on Turkey in which she makes clear that “…access to information and to places of detention and prisons must be a right which must be exercised independently by human rights organizations”. Amnesty International considers that the granting of such powers to groups like local Bar Associations and Medical Chambers would be an important step towards improving scrutiny of places of detention and therefore eradicating torture and ill-treatment. Certainly, development of effective monitoring mechanisms would be mandated by the policy of “zero tolerance for torture”."

Document(s): Open document

31.07.2005 - Source: Amnesty International

AI: Report on the reform process; freedom of speech and freedom of press constricted by new turkish penal law; torture still common; health care; violence against women ("Länderkurzinfo der Koordinationsgruppe Türkei der deutschen Sektion") [#34626],  [ID 13520]

"Haftbedingungen in F-Typ-Gefängnissen

Die neuen F-Typ-Gefängnisse werden genutzt, um ein System von Einzel- und Kleingruppenisolierung einzuführen. Die Gefangenen sind in Einzel- oder Dreierzellen untergebracht und auch die Höfe vor den Zellen können nur von jeweils höchstens drei Gefangenen genutzt werden. Als gefährlich eingestufte Häftlinge oder solche, gegen die eine Disziplinarstrafe verhängt wurde, werden vollkommen isoliert. Möglichkeiten für Gemeinschaftsaktivitäten waren anfangs überhaupt nicht vorhanden und sind auch jetzt nur für wenige Stunden in der Woche vorgesehen. Wenn auch die Hungerstreiks gegen die F-Typ-Gefängnisse Züge eines Machtkampfes hatten, der von bestimmten politischen Organisationen geführt wurde (und in dem auch inhaftierte Organisationsmitglieder unter Druck gesetzt wurden), sollten die Missstände in den Gefängnissen doch deutlich benannt und Abhilfe gefordert werden. Dazu gehört vor allem, dass die Türkei der Forderung der Kommission zur Verhütung von Folter des Europarates folgt, dass Gefangene sich mindestens acht Stunden täglich außerhalb ihrer Zelle aufhalten und mit anderen Gefangenen zusammentreffen können.

Rechtsanwälte politischer Gefangener berichten amnesty international immer wieder von Fällen von Misshandlungen im Gefängnis und insbesondere bei den Transporten der Gefangenen zum Gericht oder in ein Krankenhaus. Im Jahr 2004 wurden dem Menschenrechtsverein IHD 57 Fälle von Folter und Misshandlung im Gefängnis gemeldet, darüber hinaus gab es neun Todesfälle wegen Verweigerung medizinischer Behandlung (Bilanz des Menschenrechtsvereins der Türkei 2004)."

Document(s): Open document

25.05.2005 - Source: Amnesty International

Sirnak: alleged member of the Kurdistan Workers' Party (PKK–now renamed as Kongra-Gel), may have been killed following his capture by army ("Turkey - Further Information on UA 95/05") [#32381],  [ID 13522]

Document(s): Open document
Open document

25.05.2005 - Source: Amnesty International

Change in the use of some torture techniques ("Annual Report 2005") [#32304],  [ID 13548]

"Detention regulations that provided better protection for detainees led to an apparent reduction in the use of some torture techniques, such as suspension by the arms and falaka (beatings on the soles of the feet). However, the regulations were often not fully implemented. Torture and ill-treatment in police and gendarmerie custody continued to be a serious concern with cases of beatings, electric shock, stripping naked and death threats being reported.

Torture methods which did not leave lasting marks on the detainee’s body were also widely reported. Deprivation of food, water and sleep and making detainees stand in uncomfortable positions continued to be reported, despite a circular from the Minister of the Interior prohibiting the use of such techniques. In addition, people were beaten during arrest, while being driven around or after being taken to a deserted place for questioning."

Document(s): Open document
Open document

19.05.2005 - Source: International Helsinki Federation for Human Rights

Poor Prison Conditions ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2005 (Events of 2004)") [#32120],  [ID 13523]

"Prisons were criticized by human rights organizations and international mechanisms for poor conditions, restricted access to basic services and unjustified punitive measures against defendants and convicts. While the government expanded and improved the system of prison monitoring boards, these boards excluded from their mandate the issues of ill-treatment and prolonged isolation of detainees. As of May 2004, the boards had received nearly 12,000 complaints and accepted less then 4,000 of them.

In the reporting period, the ECtHR requested as an interim measure suspension of the imprisonment of several political prisoners who were suffering progressive brain damage as a result of a prolonged “death fast” in prisons. Human rights organizations protested the conditions imposed in prisons, mainly maximum-security facilities (E-Type and F-Type prisons for persons tried or convicted at former State Security Courts).

The HRA reported that eleven inmates committed suicide in prisons, and six persons killed themselves by setting fire to themselves, a common form of protest. Another person died due to the so-called “death fast,” another form of protest by political prisoners. Nine prisoners died reportedly due to the prevention or neglect of medical treatment, and five others were killed by other inmates. The prevention of the treatment of prisoners with fatal or serious medical condition was a common problem.

• Sitki Bektas, a political prisoner, was taken from a hospital to Izmir Kiriklar F Type Prison despite a hospital report that stated he needed treatment at the hospital for leukaemia.

• The Tekirdag Medical Association launched an investigation against a prison doctor, Adnan Ozer, on the basis of allegations from inmates at F Type Prison that he had been involved in torture and mistreatment of prisoners there. Dr. Ozer continued to hold his post at the year’s end.

A survey by the Association of Solidarity with Children Deprived of Their Freedom (Ozge-Der) in prisons throughout Turkey revealed a high prevalence of torture and ill-treatment among minor detainees, both before and after imprisonment."

Document(s): Open document

03.03.2005 - Source: Reporters Sans Frontières

Austrian journalist Sandra Bakutz transferred to Ankara's Ulucanlar prison, long famous for torture; her trial date has not been set but she faces a 5 to 15-year prison sentence for "belonging to an illegal organization" ("Sandra Bakutz faces up to 15 years in prison") [#29619],  [ID 13549]

Document(s): Open document

28.02.2005 - Source: US Department of State

Seven persons died while in police or Jandarma custody during the year ("Country Report on Human Rights Practices 2004") [#29519],  [ID 13524]

"According to the Government, seven persons died while in police or Jandarma custody during the year: Four deaths were recorded as suicides, two as heart attacks, and one was under investigation at year's end to determine the cause of death."

Document(s): Open document

28.02.2005 - Source: US Department of State

Conditions in most prisons remained poor, although the Government made significant improvements in the system ("Country Report on Human Rights Practices 2004") [#29519],  [ID 13525]

"Conditions in most prisons remained poor, although the Government made significant improvements in the system, and the country's best prisons maintained high standards. Underfunding, overcrowding, and insufficient staff training remained common problems. The HRF reported that the Government provided insufficient funds for prison food, resulting in poor-quality meals; food sold at prison shops was too expensive for most inmates, and there was a lack of potable water in some prisons. According to the Medical Association, there were insufficient doctors, and psychologists were only available at some of the largest prisons. Some inmates claimed they were denied appropriate medical treatment for serious illness.

According to the HRF, six people died during the year in hunger strikes protesting F-type (small cell) prisons. The Government reported that, since 2000, the President pardoned 189 inmates on hunger strike. As of September, six hunger strikers remained in prison, according to the HRF.

In March, an Istanbul court ruled that authorities had used disproportionate force during the "Return to Life" prison operation in 2000, during which 12 prisoners were killed and 77 wounded. The court ordered $32,750 (44 billion lira) in compensation for each victim.

At any given time, at least one-quarter of those in prison were awaiting trial or the outcome of a trial. Men and women were held separately; most female prisoners were held in the women's section of a prison. Despite the existence of separate juvenile facilities, at times juveniles and adults were held in adjacent wards with mutual access. According to the Government, detainees and convicts were held either in separate facilities or in separate sections of the same facility. However, some observers reported that detainees and convicts were sometimes held together.

The Government permitted prison visits by representatives of some international organizations, such as the CPT; however, domestic nongovernmental organizations (NGOs) did not have access to prisons. The CPT visited in March, and conducted ongoing consultations with the Government. Requests by the CPT to visit prisons were routinely granted."

Document(s): Open document

20.01.2005 - Source: BBC News

Dutch appeals court ruled that a suspected Kurdish woman militant cannot be extradited to Turkey; the court bases the decision on it's opinion that she has a heightened risk of being tortured during her detention in Turkey ("Court backs Kurd extradition ban") [#28416],  [ID 13550]

Document(s): Open document

17.12.2004 - Source: Amnesty International

Risk upon return for alleged member of PKK/Kongra-Gel; investigations by Turkish authorities very likely because of criminal conviction in Germany and because of press reports; on state of legal reforms, occurrence of torture still widespread in police custody (expert opinion, in German) ("Stellungnahme vom 17.12.2004 an VG Hamburg - 11 A 2003/99 -") [#28799],  [ID 13551]

Document(s): Open document

06.10.2004 - Source: European Commission

Considerable improvement in detention facilities and in treatment of people in custody ("Regular Report 2004 on Turkey´s progress towards accession") [#26161],  [ID 13526]

"In March 2004 the CPT published its report, together with the response of the Turkish Government, following its field visits to the South and Southeast of Turkey in September 2003. The report notes a considerable improvement in detention facilities and in the treatment of people in custody. The use of torture methods such as suspension by the arms and electric shocks is now very rare, although in some police headquarters such methods were reported. Less detectable methods of torture or ill-treatment still occur.

Notwithstanding the January 2004 Regulation, there are still reports of detainees being seen by a doctor in the presence of enforcement officials without the prior request of the doctor. Moreover, the requirement to transmit the medical report to the authorities concerned, without providing copies to law enforcement officials, is also not always met.

In order to help address a lack of forensic experts trained in detecting torture and illtreatment, a project is currently underway to train 2 500 doctors who work in the western part of Turkey. The training is in accordance with the Forensic Medicine Institution’s “Manual on the Effective Investigation and Documentation of Torture and other Cruel, Inhuman or Degrading Treatment” and the Istanbul Protocol. In order to improve the quality of medical examinations, the Forensic Medicine Institute has started to move forensic medicine examination rooms from courthouses to hospitals and health centres."

Document(s): Open document

04.08.2004 - Source: Amnesty International

3 men detained and reportedly tortured in Siirt/ police reportedly threatened their lawyer at gunpoint when he tried to visit them ("Turkey - UA 240/04") [#24470],  [ID 13552]

"Three men have been detained and reportedly tortured in Siirt, southeast Turkey. Police have reportedly threatened their lawyer at gunpoint when he tried to visit them, and followed him in the street. Amnesty International believes the lawyer's life may be in danger.

Police detained Abdullah Gündogdu, Tahsin Atak and Ihsan Gülmek in the Pervari district of Siirt province on 30 July, reportedly on suspicion of aiding and abetting an armed organization, the Kurdistan People's Congress (Kongra-Gel), which was formerly known as the Kurdistan Workers' Party (PKK). [...]"

Document(s): Open document
Open document

07.07.2004 - Source: World Organisation Against Torture

Cases of violence at the hands of state agents ("Violence Against Women - 10 reports - year 2003") [#24621],  [ID 13527]

"Yüksel Zengin, Gülbahar Topdemir, and Leyla Narin
Yüksel Zengin, Gülbahar Topdemir, and Leyla Narin reported to the Human Rights Association Diyarbakır Branch that they were tortured in detention. Ms Zengin reported that she was taken to an outdoor place where she was beaten by the police. Ms Topdemir reported that she was threatened with rape and beaten. She also complained that she was forced to listen music with high volume under detention. Ms Narin reported that her eyes were bowed, her throat was squeezed and she was electrocuted while she was detained.

Fahriye Kaya, Ibrahim Kaya ve Yasar Simsek
On 16 January 2002 in the Silvan District of the Diyarbakir province, Ms Fahriye Kaya, who was detained following a house raid resulting in the deaths of two persons, reported to the Diyarbakır Branch of the Human Rights Association that she was threatened with rape and beaten while in detention. She also said that her eyes were bowed during detention. She still remains in prison.

Pelin Çalıskan
A representative of a journal called Atilim, Ms Pelin Çalıskan was detained on 3 March 2002 in Bursa and she reported that she was tortured both physically and psychologically.

M.I.
M.I. who was detained on 7 March 2002 in Diyarbakır reported to the Diyarbakır Branch of the Human Rights Association that she was subject to violence during detention: She stated: After being taken in custody in the District I was brought to the Directorate for Security in Diyarbakır and put in a cell. After one hour, I was taken to the interrogation room blindfolded. In the interrogation room, they were hitting my head. They were threatening me by saying that “let’s undress her and show to the Commander, let’s rape her then she should not be able to get married.” I 369 was subject to this sort of treatment during four days. I was forced to sign a paper while blindfolded. I was to faint. On the fourth day, I was taken to the Emergency Service of the State Hospital in Diyarbakir. I was later taken to the prosecutor’s office and was released.”

E.A.
Ms E.A. who was detained on 10 April 2002 and released on 12 April 2002 reported the following to the Diyarbakır Branch of the Human Rights Association: “As soon as I was detained, I was taken to the Health Centre. A nurse searched on me. When I told her that I have faint problems she took the note. From the health centre I was taken to the Gendarmerie station in Ba?ıvar. Four gendarmerie personnel took my statement. During the interrogation they were continuously swearing, and threatening me with torture. I was at the same time being hit systematically. Later, I was taken to a cell. They have not provided any meal. I was referred to the prosecutor’s office on 12 April and I was released.

H.T.
Ms H.T., who was arrested on the grounds of being member of the PKK, reported to the Legal Aid Office of Sexual Abuse and Rape Project that she was subject to torture during four days of detention. She reported that she was undressed, blindfolded, her vagina was watered. She also added that she was forced to sit on feces in the toilet. She was also sexually abused with hands.

Gülden Sönmez and Sevim Aniktar,
Two women lawyers who are members of the Istanbul Bar Association, Gulden Sonmez and Sevim Anitkar, were subject to attacks and maltreatment by the prison manager and guardians in Metris Prison in ?stanbul. It was reported that these two lawyers went to the Prison to see their clients who were tortured in police detention before being sent to prison. After identifying that their clients were tortured, they asked the Prison management to refer them to the Forensic Medicine Department to get the report on the torture. Upon their request, the Prison manager and guardians attacked and hit them."

Document(s): Introduction and Contents
Cover Turkey

07.07.2004 - Source: World Organisation Against Torture

State involved in forcible virginity control exams in prisons ("Violence Against Women - 10 reports - year 2003") [#24621],  [ID 13528]

"[...] Moreover, the Turkish State itself is reportedly also involved in forcible virginity control exams. Young girls and women in detention facilities continue to be subjected to virginity tests by state officers as a means of humiliation. [...]"

Document(s): Introduction and Contents
Cover Turkey

08.06.2004 - Source: Amnesty International

Southern Turkey: 4 men held in Adana Kürkçüler F-Type Prison face torture and solitary confinement ("Turkey - UA 195/04") [#23135],  [ID 13529]

Document(s): Open document

08.06.2004 - Source: Amnesty International

Southern Turkey: 4 men held in Adana Kürkçüler F-Type Prison face torture and solitary confinement ("Turkey - UA 195/04") [#23135],  [ID 13553]

Document(s): Open document

29.03.2004 - Source: Amnesty International

Investigation of doctor in Tekirdag for refusing to examine a prisoner in the presence of officers ("Investigation of doctor for carrying out ethical medical examination of prisoner") [#20940],  [ID 13530]

Document(s): Open document

25.02.2004 - Source: US Department of State

Prison conditions remain poor ("Country Reports on Human Rights Practices - 2003") [#19741],  [ID 13531]

"Prison conditions remained poor. Underfunding and poor administration of penal facilities remained problems. HRF maintained that the Government provided insufficient funding for prison food, resulting in poor-quality meals. According to HRF, food sold at prison shops was too expensive for most inmates, and there was a lack of potable water.

There were reports that prison guards beat children in detention. In September, the parliamentary Human Rights Committee reported that Committee members investigated conditions at the children's ward of Aydin Prison and found that all the children had visible injuries and many claimed to have been tortured. A child held in solitary confinement told the Committee he had requested an isolation cell because some of the children in the ward were raping others.

At year's end, a court decision had not been reached in the case of 38 employees of Bakirkoy Prison for Women and Children who were indicted in December 2002 for mistreating prisoners and official misconduct.

The Government maintained that prisons were staffed with doctors, dentists, psychologists, and teachers, although there were shortages in some areas. According to the Medical Association, there were insufficient doctors, and psychologists were only available at the largest prisons. Some inmates claimed they were denied appropriate medical treatment for serious illness.

Inmates in high-security F-type prisons were permitted to socialize in groups of 10 for up to 5 hours per week. In addition, they were able to participate in communal activities. According to HRF, as of October, one prisoner continued a hunger strike to protest F-type prisons. The Government reported that the President pardoned 172 hunger strikers during the year. Two prisoners on hunger strike died during the year, bringing total deaths to 107 since the start of the strikes in 2000, according to HRF. The Government alleged that terrorist groups forced weaker members to conduct the hunger strikes and threatened family members of those who wanted to quit.

Human rights activists and attorneys for jailed PKK leader Abdullah Ocalan called on the Government to transfer Ocalan from his cell on Imrali Island in the Sea of Marmara to a mainland prison. They claimed Ocalan was being held in isolation and also said he was suffering from health problems. Relatives and attorneys were unable to visit Ocalan for 15 weeks from November 2002 to March; the Government said stormy weather grounded the boat shuttling visitors to the island. The ECHR ruled in March that Ocalan's prison conditions were not unlawful.

The trial against 1,615 persons on duty at Bayrampasi prison during the December 2001 hunger strike was ongoing at year's end. The related trial of 167 prisoners was also ongoing at year's end.

Human rights observers estimated that, at any given time, at least one-quarter of those in prison were awaiting trial or the outcome of their trial. Men and women were held separately. Despite the existence of separate juvenile facilities, at times juveniles and adults were held in adjacent wards with mutual access. According to the Government, detainees and convicts were held either in separate facilities or in separate sections of the same facility.

The Ministry of Justice, the General Directorate of Prisons, and the parliamentary Human Rights Committee regularly inspected prisons and issued reports. Prison Monitoring Boards--five-person visiting committees composed of nongovernmental experts such as doctors and lawyers–-also conducted inspections. The 130 boards conducted 522 visits, prepared 1,638 reports, and made 3,664 recommendations for improvements to the Ministry of Justice. The Government reported that it took action on some of these recommendations, but lacked the funding to respond to others, including those related to crowding and lack of resources for activities. During the year, the 140 special prison judges received 11,923 petitions relating to prison conditions and sentences; they admitted 3,659 petitions, partially admitted 319, and rejected 7,945.

Human rights groups criticized the Government's selection of Monitoring Board representatives. Medical Association officials said the Government did not consult them on Board membership and selected only government-employed doctors for the bodies. The Society of Forensic Medicine Specialists reported that only two forensic specialists served on the Boards. Some bar associations also said that their preferred candidates were not selected.

The Government permitted prison visits by representatives of some international organizations, such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT); the CPT visited in February and September, and conducted ongoing consultations with the Government. Requests by the CPT to visit prisons were routinely granted; however, domestic nongovernmental organizations (NGOs) did not have access to prisons."

Document(s): Open document

25.02.2004 - Source: Council of Europe - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Report on CPT monitoring visit on prison conditions and torture ("Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 16 to 17 February 2003 [CPT/Inf(2004) 2]") [#19650],  [ID 13532]

Document(s): Report
Report Government response [CPT/Inf(2004) 3] Government response [CPT/Inf(2004) 3]

25.02.2004 - Source: US Department of State

Women detainees subject to rape ("Country Reports on Human Rights Practices - 2003") [#19741],  [ID 13554]

"The Human Rights Association (HRA) reported that women detainees were sometimes subject to rape, including vaginal and anal rape with truncheons, and sexual harassment.

Female detainees sometimes faced sexual humiliation and, less frequently, more severe forms of sexual torture. After being forced to strip in front of male officers, female detainees were sometimes touched, insulted, and threatened with rape."

Document(s): Open document

25.02.2004 - Source: US Department of State

Torture methods not leaving physical traces used ("Country Reports on Human Rights Practices - 2003") [#19741],  [ID 13555]

"Human rights observers said that, because of reduced detention periods, security officials mostly used torture methods that did not leave physical traces, including repeated slapping; exposure to cold; stripping and blindfolding; food and sleep deprivation; threats to detainees or family members; dripping water on the head; squeezing of the testicles; and mock executions. They reported a significant reduction over past years in methods such as electric shocks, high-pressure cold water hoses, beatings on the soles of the feet (falaka) and genitalia, hanging by the arms, and burns. [...]

Human rights attorneys and physicians who treated torture victims said torture generally occurred during police or Jandarma detention before detainees appeared in court. Because the arresting officer was responsible for interrogating a suspect, officers sometimes resorted to torture to obtain a confession that would justify the arrest. In one example, the European Roma Rights Center reported that, in February, police in Edirne beat and tortured with electric shocks a 14-year-old Romani boy suspected of stealing a wallet (see Section 5)."

Document(s): Open document

03.01.2004 - Source: Turkish Human Rights Association

Risk of imprisonment for former participants in hunger strike actions against F-Type prisons, even if the former prisoners are suffering from Wernicke-Korsakoff syndrom (letter from the Istanbul branch of Turkish Human Rights Association, translation into German) ("Schreiben des Menschenrechtsvereins IHD Istanbul vom 3.1.2004 an RAin Undine Weyers, Berlin, nebst Anlagen (dt. Übersetzung)") [#22928],  [ID 13533]

Document(s): Open document

07.11.2003 - Source: International Helsinki Federation for Human Rights

Report focused on torture and inhuman and degrading treatment or punishment in selected Osce states ("Torture and Inhuman or Degrading Treatment or Punishment") [#17377],  [ID 13556]

"Turkey has been party to CAT since 1 September 1988 and it ratified the CPT on 26 February 1988.

In the past two years, Turkish authorities have been engaged in a major reform in order to bring national legislation up to par with the standards of the European Union. This reform has brought about a number of positive formal changes in the field of human rights, including issues related to the prevention of torture and ill-treatment. The challenge remains, however, to effectively implement these changes in practice. Pending this, torture and ill-treatment in Turkish detention facilities remains a serious problem.

The first and the second “harmonization packages” of February and March 2002 reduced legitimate detention periods. However, for suspects under State Security Court jurisdiction, charged with crimes of a collective, political, or conspiratorial nature, the maximum initial detention period still remained four days at the prosecutor’s discretion. Moreover, it took Turkish legislators until June 2003 to abolish a Criminal Procedure Code provision that denied detainees, held for offences under the jurisdiction of State Security Courts, the right to legal counsel for the first forty-eight hours of their detention. While this was welcomed progress, the time frame of 48 hours is still too long to protect detainees from torture.

In April 2003, the Human Rights Association of Turkey (HRA) stated in its report covering the first three months of the year that it had observed no progress in the prevention of torture. In this period, 183 cases of torture during detention had been reported, and another 33 cases in prisons. The total number of cases of torture or ill-treatment by the police or gendarmerie reported to the HRA (including abuses during house searches, in the streets, etc.) reached 392.

The most commonly used torture techniques in Turkey are beatings, falaka (beating the soles of the feet), electric shocks, hosing with cold water, sexual abuse (including squeezing of the testicles and rape), suspending by the arms or wrists bound behind the victim's back (i.e., the “Palestinian hanger” which causes respiratory failure if the position is held for a long time), and death threats. While reports of torture are rarely received from prisons, it remains a common practice in police and gendarmerie stations.

• On 7 February 2003 the police detained two members of the youth section of the banned People’s Democracy Party (HADEP) in the Bahcelievler district. According to the testimony of one of the young men, a 17-year old, they were taken to a police station and interrogated about who had been spreading propaganda for the PRO-Kurdish KADEK organization. The police fooled the young man to testify against his friend by promising him that they both would be acquitted for lack of evidence if they testified against each other. Afterwards, he was released because he was under age. His friend was remanded and tortured while in detention, according to his lawyer. The police tried to force him to become an informer, and as he refused, he was stripped naked, subjected to a “Palestinian hanger”, hosed with pressurised water, and sexually assaulted.

• Zeynel Abidin Usar was arrested on 22 April 2003 in the Karsiyaka district of the city of Izmir and tortured while in police custody. After having asked for ventilation in the interrogation room because he suffers from asthma, two officers started beating him. After that his underwear was torn off, his shirt was wrapped around his head and his hands were cuffed behind his back. Pouring water over his body, police officers resumed beating him with truncheons and wooden sticks and they stepped on his face. Afterwards, he was brought to a hospital where a doctor examined him in the presence of the police officers. On 23 April, he was brought before the Karsiyaka prosecutor and was charged with carrying a knife. He reported to the prosecutor that he had been tortured, was brought to a forensic medical examination and subsequently released. When interviewing a police officer about the case, a journalist was told that Usar had been arrested on suspicion of theft. The officer added: “When a detainee creates difficulties for the police, his head or arms may be broken. These are normal things.”

Women held in custody -- especially if they are of Kurdish origin -- are frequently subjected to rape and other sexual abuse. As Turkish law does not define penetration with objects other than a penis as rape, such practices are carried out with impunity. Another common practice is to strip a victim naked during interrogation, or to subject a woman to sexual violence in the presence of her husband or other family members in order to force the family member to confess.

• One victim reported of being detained in the Istanbul police headquarters for four days of interrogation in March 2002 without access to legal counsel, during which time she was stripped naked, blindfolded and sprayed with cold water through a water hose forced into her vagina and forced to sit in excrement.

• Another woman reported of being detained and interrogated in the same month, accused of having links to an illegal organisation. During the detention, she was allegedly stripped naked, hosed with cold water and a policeman forced a truncheon into her anus, allegations that were later supported by medical records.

• On the morning of 14 June 2003, an executive for DEHAP Women’s Wing in Istanbul Province, Gülbahar Gündüz, was abducted by four persons who identified themselves as police officers. She was forced into a car and taken to an unidentified place where she was brought into a small room where the perpetrators intimidated her, hit her with a hard object, forced their penises into her mouth and extinguished cigarettes in her face. She was released later on the same day. A medical report from Haseki Hospital confirmed wounds on her back, both calves and the left side of her neck and stated that she should be examined by forensic medical specialists to verify the rape. 91 On 20 October, the Human Rights Foundation of Turkey reported that the Istanbul Security Directorate had terminated the investigations into the case on the grounds that “no police officer had been found to take the position of a defendant.”

The January 2003 “harmonization package” included provisions preventing Turkish courts from suspending the prison sentences of those convicted of inflicting torture. The parliament also approved measures stipulating that these prison sentences could no longer be commuted to fines. The amendments incorporated measures obliging the judiciary to hear the statements of defendants and detainees before they reach a verdict on the case before them, as well as provisions detailing that, upon entering and leaving prison, defendants and detainees should be subject to medical examinations about which reports must then be written.

Despite the formal measures taken to prevent torture and ill-treatment, the climate of impunity remains. Prosecutors are reluctant to file charges against alleged torturers, and many torturers who “have not been found” are able to continue their police careers. The burden of proof lies on the victims, and the slow pace of judicial proceedings easily ends up in unresolved cases due to the statute of limitations.

• A case against ten police officers accused of torturing 16 juveniles in detention in Manisa started in 1996, but due to the non-appearance of defendants at the trials, and because the lawyers of some of the defendants withdrew from the trial, the progress was very slow. Only in April 2003, three months before the statute of limitation would have expired the proceedings, the Court of Cassation confirmed the prison sentences given to the police officers. The prison terms ranged from five years to ten year and ten months.

As regards the F-type prisons, where concerns have been raised about possible small group isolation, the Istanbul Branch of the human rights organization Mazlum-Der reported that in May-June 2003 there had been problems with communication with the relatives “due to security problems.” In addition, prisoners were only allowed to exercise sports in groups of no less than ten persons while, according to the rules, this should have been possible in groups of six persons. Further, visits were limited to one hour and 15 minutes per week and they were recorded by cameras. Telephone calls were restricted to ten minutes once a week and only with one person. Hot water was available only three days a week."

Document(s): Open document

30.09.2003 - Source: International Helsinki Federation for Human Rights

Report focused on latest human rights developments in the member states of the Organization for Security and Co-operation in Europe (OSCE) ("Interventions and Recommendations by the International Helsinki Federation for Human Rights (IHF) on the Occasion of the OSCE Human Dimension Implementation Meeting Warsaw, 6-17 October 2003") [#16408],  [ID 13557]

"In Turkey, torture and ill-treatment in prisons and detention facilities remains commonplace. There are numerous reports of beatings, sexual abuse, electric shocks, hosing with cold water and death threats. During the first three months of 2003, 183 cases of torture during detention were reported, and another 33 cases in prisons. Women are frequently subjected to rape and other sexual abuse. One victim reported being detained at Istanbul police headquarters for four days of interrogation in March 2002 without access to legal counsel, during which time she was stripped naked, blindfolded and sprayed with cold water through a water hose forced into her vagina. Another woman reported being detained and interrogated; she was accused of being linked to an illegal organization. During her detention, she was allegedly stripped naked, hosed with cold water and a policeman forced a truncheon into her anus, allegations that were later supported by medical records.

The situation in the so-called F-type prison facilities remained unresolved. The solitary confinement in this type of prisons can, in and of itself, be seen as a form of cruel, inhuman or degrading treatment. In addition, the solitary confinement poses an increased threat of increased ill-treatment or torture in the facilities. The amendment of the “Anti-Terror Law” provides for only very limited opportunities for social activities, and fails to adequately protect prisoners from isolation, with the psychological strains it brings with it. Since the introduction of the F-type prison system, hunger strikes against it lead to 104 deaths by the end of 2002.

Developments in the harmonization process in order to accede to the European Union still fall short of EU requirements, according to EU Enlargement Commissioner Guenter Verheugen in March 2003. Since then, on 19 June, an important formal step in combating torture was taken, when the government abolished a criminal procedure code provision that denied detainees held for offences under the jurisdiction of State Security Courts the right to legal counsel for the first forty-eight hours of their detention. While this progress is important, the decision needs to be implemented in practice."

Document(s): Open document

21.06.2003 - Source: Schweizerische Flüchtlingshilfe

With the exception of HADEP members, members of legal organisations now run a lesser risk of torture; supporters of illegal organisations are still at risk of systematic physical tortureo ("Zur aktuellen Situation - Juni 2003 ") [#14557],  [ID 13558]

"Generell ist zu bemerken, dass Angehörige von legalen Organisationen heute weniger mit körperlicher Folter rechnen müssen als früher. Ausnahme bilden Angehörige der HADEP, die weiterhin mit körperlicher Folter rechnen müssen. Psychologische Folter ist zudem weit verbreitet und aktiven AnhängerInnen der HADEP gegenüber an der Tagesordnung. AnhängerInnen von illegalen Organisationen müssen nach wie vor mit systematischer körperlicher Folter rechnen. Die Reduktion der Länge der Incommunicadohaft hat an dieser Praxis nichts verändert, werden die Inhaftierten doch vor allem während der ersten zwei Tage ihrer Haft gefoltert.

Es muss zudem unterstrichen werden, dass es auch im Zusammenhang mit friedlichen Demonstrationen gegen den Krieg oder für die Freilassung von Abdullah Öcalan, oder aber mit der Forderung nach Kurdischunterricht, immer wieder zu Klagen über Folter gekommen ist. So wurden nach einer Demonstration gegen den Krieg in Kadiköy (Istanbul) neun Kinder in Haft genommen und laut Aussagen ihrer Rechtsvertreterin gefoltert. Sie hätten Spuren von Schlägen im Gesicht gehabt.

Beim IHD (Türkischen Menschenrechtsverein) sind 2002 (876) mehr Klagen wegen Folter eingegangen als im Jahre 2001 (862). Auch für die ersten drei Monate des Jahres 2003 stellt der Menschenrechtsverein den türkischen Behörden ein schlechtes Zeugnis aus. Zwischen Januar und März konnten im Bereich der Folter keine Fortschritte beobachtet werden. Der IHD hätte in dieser Zeit Klagen von 392 Personen erhalten. Nach den Statistiken des IHD beklagten sich in dieser Zeit 183 Personen über Folter oder Misshandlung während der Haft, 73 Personen über Schläge während Demonstrationen, 33 Personen über Folter oder erniedrigende Behandlung im Gefängnis, 50 Personen über Drohungen und Zwang zu Spitzeldiensten und 53 Personen über Folter oder Misshandlungen auf der Strasse oder zu Hause."

Document(s): Open document

08.05.2003 - Source: International Helsinki Federation for Human Rights

Report focused on political and human rights situation (detainees’ rights, torture, ill-treatment and police misconduct, conditions in prisons and detention facilities) ("Human Rights in the OSCE Region: Turkey") [#13354],  [ID 13559]

Document(s): Open document

01.05.2003 - Source: International Federation for Human Rights

Fact finding mission in December 2002/January 2003 shows legal provisions and actions against torture to be insufficient ("International Investigative Mission: Turkey: Torture, still a routine practice.") [#12386],  [ID 13560]

"This report stands as a comment on the report of the Republic of Turkey concerning the implementation of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by Turkey on August 2nd 1998.
Legislative progress has been undertaken in Turkey in order to comply with EU standards: for example, death penalty was abolished. Named the " Adjustment Package", these changes may be regarded as an important signal of the determination of the Turkish government towards better protection of human rights in the country.
The FIDH welcomes the recent legal reforms which nonetheless remain insufficient. For instance, the definition of torture set out in the Turkish legislation is narrower than the one required by the Convention, whose scope extends to people acting with the support or acquiescence of public officials. Futhermore little has been done to eradicate the practice of torture. Indeed the report indicates that there is no decrease in the infliction of torture compared to previous years in Turkey.
These treatments especially occur to people falling under the jurisdiction of the State Security Court, ie people suspected of political crimes, and particularly, those suspected of being connected to the Kurdistan Workers' Party (PKK)- now called Kurdistan Freedom and Democracy Congress (KADEK).
Reported cases of torture of ordinary criminal suspects also occur although the custody period has been shortened. New torture methods are being used that leave no physical signs.
Cases of torture and ill treatment are still very numerous in the Kurdish regions and women often undergo sexual violence.
When it comes to the prevention of torture by the state authorities, the report underlines that although the relevant laws do exist, there are not properly implemented in practice."

Document(s): Open document

09.10.2002 - Source: European Commission

European Commission: Solidarity hunger strikers ("2002 Regular Report on Turkey's Process Towards Accession") [#10217],  [ID 13571]

"In November 2001 police raided flats housing “solidarity” hunger strikers in the
Küçükarmutlu district of Istanbul. Police used teargas, four people died and 20 people
were arrested in the operation. The authorities claimed the deaths were due to self-
immolation, and forensic reports showed that the victims had no bullet wounds. When
questioned, the Turkish authorities said that an investigation had been conducted, that an
information note on the ‘security operation’ was available, and that no further
investigation was necessary.
One thousand six hundred gendarmerie officers, who were involved in the intervention
against the hunger strikers in the Bayrampaşa prison on 19 December 2000 are currently
under investigation for “ill-treatment” and “miscarriage of justice”.
In December 2001, nine members of the Turkish Medical Doctors Union, who had been
on trial on charges of encouraging hunger strikers to commit suicide, were acquitted.
Also in December 2001, the Ankara State Security Court acquitted 29 defendants on
charges of “supporting an armed gang” brought in relation to statements on F-type
prisons. The trial of 161 security personnel for the killings of 10 inmates at Ulucanlar
Closed Prison in September 1999 continues."

Document(s): Open document