Turkey: Prison conditions and the treatment of prisoners in civilian and F-type prisons, including the prevalence of torture and the state response to it (January 2003 - April 2005)

Prison Conditions

Despite notable improvements in the Turkish prison system (EU 6 Oct. 2004, 36; Country Reports 2004 28 Feb. 2005, Sec. 1.c), both Country Reports 2004 (28 Feb. 2005) and Country Reports 2003 (25 Feb. 2004, Sec. 1.c ) described general conditions in prisons as "poor". Specifically, Country Reports 2004 stated that in 2004,

[t]he HRF [Human Rights Foundation of Turkey] 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 (28 Feb. 2005, Sec. 1.c; see also Country Reports 2003 25 Feb. 2004, Sec. 1.c).

In 2003, the BBC described living and health conditions in prisons as "grave" (BBC 27 May 2003), while the International Helsinki Federation for Human Rights (IHF) described prison conditions as "generally inhuman and degrading" (23 June 2004). The IHF also stated that "[t]here were ... reports of medical neglect of ill prisoners" (IHF 23 June 2004). A similar statement was made by Amnesty International in October 2003 (1 Oct. 2003) and by the European Commission in October 2004 (EU 6 Oct. 2004, 36).

Also in 2003, Amnesty International reported that physical contact between prisoners and visitors was prevented by glass barriers through which prisoners and visitors were required to communicate by telephone (1 Oct. 2003). Despite this lack of physical contact, prisoners reported being subjected to body searches before and after such meetings with visitors (AI 1 Oct. 2003; see also Country Reports 2003 25 Feb. 2004, Sec. 1.e). However, in its 2004 Regular Report on Turkey's Progress Towards Accession, the European Commission indicated that although visitors wishing to meet with prisoners did encounter some difficulties sometimes, "intimidating searches [of visitors] have ceased" (EU 6 Oct. 2004, 36). Similarly, Country Reports 2003 reported that "intrusive searches" of defence lawyers visiting prisoners was common (25 Feb. 2004, Sec. 1.e), but Country Reports 2004 was silent on the matter.

In 2003, Amnesty International also reported that there were incidents where telephone conversations being "cut short if Kurdish was spoken" (AI 1 Oct. 2003). The organization further revealed that prisoners were required to pay for electricity and water, purchase provisions from the prison canteen, and, on occasion, purchase basic clothing (ibid.).

According to Freedom in the World 2004, "much remains to be done to bring prison conditions in line with the new laws and with European norms" (Freedom House 24 Aug. 2004).

Conditions in F-Type Prisons

Introduced in October 2000, F-type prisons house one or three prisoners in a small cell (IHF 23 June 2003; see also Turkish Daily News 21 Jan. 2003). Although the European Commission reported in October 2004 that "[c]urrent conditions of detention in F-type prisons are considered to be of a high standard" (EU 6 Oct. 2004, 36), there is consensus among the sources consulted that the isolation of prisoners is a serious concern (ibid.; IHF 23 June 2004; AI 1 Oct. 2003). Turkish Daily News reported in January 2003 that families of prisoners and human rights organizations claimed that prisoners in F-type prisons are "more vulnerable [to torture] in single inmate cells" (21 Jan 2003).

Country Reports 2003 reported that inmates were permitted to "socialize in groups of 10 for up to 5 hours per week" and were able to participate in "communal activities" (25 Feb. 2004, Sec. 1.c).

During his presentation at the 12th Session of the United Nations Commission on Crime Prevention and Criminal Justice, which was held in Vienna, Austria, between 13 and 22 May 2003, the Permanent Representative of Turkey to the United Nations, Aydin Sahinbas stated that the Turkish government had established 163 inmate workshops and built sports facilities in 19 prisons in Turkey (Corrections Compendium 1 Aug. 2003). Information on whether the prisons were F-type prisons could not be found among the sources consulted by the Research Directorate.

The report of a fact-finding mission conducted in 2002 by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) indicated that while F-type prisons were equipped with workshops, a gymnasium, an outdoor playing field, and a library for communal activities, "the development of communal activities ha[d] been held back by the reluctance of prisoners held under the Law to Fight Terrorism (who constitute the great majority of the inmate population in F-type prisons) to make use of [these] facilities" (COE 25 June 2003).

When F-type prisons were first introduced, "hundreds of people ... participated in death fasts against this type of prison" (IHF 23 June 2004). IHF reported that by the end of 2003, 64 persons had died as a result of these "death fasts" (ibid.). However, Country Reports 2003 noted that according to HRF, that number stood at 107 (25 Feb. 2004, Sec. 1.c). As at May 2003, there were still some 20 prisoners on hunger strike (AFP 26 May 2003). That number had dropped to zero by October 2004 (EU 6 Oct. 2004, 36).

D-Type Prisons

The first D-type prison, a "high-security prison consisting of cells, not wards" (IHF 23 June 2004), was constructed in 2003 near the Pirinclik district in Diyarbakir (ibid.; HRFT Dec. 2003). According to the Kurdish Human Rights Project (KHRP), "an independent, non-political project founded and based in Britain" that works to "promote the human rights of all persons living throughout the Kurdish regions of Iran, Iraq, Syria, Turkey and the former Soviet Union" (19 Apr. 2005), the D-type prison was constructed for political prisoners and is "under the control of the Ministry of Justice" (2004, 19). In its report on a fact-finding mission to Turkey in March 2004, KHRP indicated that the D-type prison has "underground cells that are windowless and cells for solitary confinement" (2004, 19). The report also states that "...prison visitors are forbidden from speaking the Kurdish language [and] [a]ll correspondence to prisoners in Kurdish is also prohibited" (KHRP 2004, 19).

The prison can house 622 prisoners (ibid.; IHF 23 June 2004). Upon its construction, 84 prisoners were transferred there from the Diyarbakir E-type prison (ibid.; HRFT Dec. 2003).

According to IHF, "[t]he Federation of Prisoners' Relatives Associations (TUHAD-FED) criticized the Ministry of Justice for building the prison in secrecy and with the sole aim of isolating prisoners" (23 June 2004; see also HRFT Dec. 2003). In April 2004, Istanbul police sealed the headquarters of this association "for alleged violations of the Associations Law" (Country Reports 2004 28 Feb. 2005, Sec. 2.b).

Additional information on D-type prisons could not be found among the sources consulted by the Research Directorate.

Treatment of Prisoners

In November 2003, the International Helsinki Federation for Human Rights (IHF) stated that "reports of torture are rarely received from prisons" (11 Nov. 2003, 36). As compared to 183 complaints of torture in police custody filed between 1 January and 31 March 2003, the Human Rights Association of Turkey (HRA) received 33 complaints of torture from inmates in prison (IHF 11 Nov. 2003, 36). However, according to Freedom in the World 2004,

[t]he prison system remains brutal. Despite an official ban, torture – including blindfolding, beating, death threats, deprivation of food and sleep, and in some cases, electric shocks – remains commonplace. ... Although the problem is widely known and even acknowledged by some high officials, few perpetrators are ever convicted (Freedom House 24 Aug. 2004).

Human Rights Watch (HRW) reported that between January and August 2004, "597 people applied to the Turkish Human Rights Foundation for medical attention for torture, ill-treatment as well as illness arising from prison conditions" (22 Sept. 2004).

Although several sources maintained that "torture remained widespread" (Country Reports 2004 28 Feb. 2005; see also HRW 15 Dec. 2004; IHF 11 Nov. 2003, 5), the Commission of the European Communities indicated in its 2004 Regular Report on Turkey's Progress Towards Accession that the government's policy had led to a decrease in the incidence of torture (EU 6 Oct. 2004, 13, 17, 34). However, in October 2004, the BBC quoted one human rights activist as stating that positive developments in the fight against torture have been "confined to Ankara" (8 Oct. 2004).

Treatment of Female and Juvenile Prisoners

Female prisoners are housed in a ward separate from male prisoners, and although there are separate wards for juvenile prisoners, juveniles were sometimes held in wards adjacent to adult wards "with mutual access" (Country Reports 2004 28 Feb. 2005, Sec. 1.c; Country Reports 2003 25 Feb. 2004, Sec. 1.c). In a 1 August 2003 article, the Permanent Representative of Turkey to the United Nations, Aydin Sahinbas, is quoted as saying that the country has special facilities for juvenile offenders between 12 and 18 years old in Ankara, Elazig and Izmir (Corrections Compendium 1 Aug. 2003). He also said that where there are no separate facilities, the juveniles are kept separate from adults in adult facilities (ibid.).

According to Freedom in the World 2004, female prisoners are "frequently sexually assaulted" (Freedom House 24 Aug. 2004). No information corroborating this statement or additional information on the treatment of female prisoners could be found among the sources consulted by the Research Directorate.

During his presentation at the 12th Session of the United Nations Commission on Crime Prevention and Criminal Justice, which was held in Vienna, Austria, between 13 and 22 May 2003, remarks pertaining to the imprisonment of juveniles by the permanent representative of Turkey to the United Nations, Aydin Sahinbas, were summarized in an article published in August 2003 as follows:

[s]pecial emphasis is placed on educating and training convicted juveniles. Offenders of appropriate age in correctional facilities may attend social and sporting activities carried out in primary schools and high schools, continue language and computer courses, as well as classes for university preparation or professional training, and attend social activities, such as concerts, sports and arts, under the supervision of institutional trainers. ... [C]onvicted juveniles older than 15 who attend normal educational classes are provided an opportunity to choose a profession and attend professional training centers. ... After completing their sentences, juveniles who do not have a place to live and cannot return to their families or relatives are admitted to State Student Houses where they can live and continue their education (Corrections Compendium 1 Aug. 2003).

Country Reports 2003 stated that "[t]here were reports that prison guards beat children in detention" (25 Feb. 2004, Sec. 1.c). The report specifically referred to incidents that took place in the children's ward of Aydin Prison and which were investigated by the parliamentary Human Rights Committee (Country Reports 2003 25 Feb. 2004, Sec. 1.c). According to Agence France-Presse (AFP), some children cut their bodies with razors "'to stop prison guards from beating them'" (12 Sept. 2003). One of the investigators who visited the prison noted that the living conditions were "extremely bad" and that "[m]any of [the children] do not have beds but only some filthy mattresses with no sheets" (AFP 12 Sept. 2003).

In November 2003, there were allegations that children were being "tortured" in Buca Prison, but those allegations were denied by the Chief Public Prosecutor of Izmir, Ilhan Mesutoglu (BBC 8 Nov. 2003). In October 2004, the European Commission reported that the prosecutor's office in Izmir was carrying out an investigation into the allegations (EU 6 Oct. 2004, 36). No further information regarding the investigation could be found among the sources consulted by the Research Directorate.

Reports of torture or ill treatment of children in prisons in 2004 and in the first quarter of 2005 could not be found among the sources consulted by the Research Directorate.

Measures Against Torture

The Republic of Turkey is a party to the International Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (FIDH May 2003, 5; IHF 11 Nov. 2003, 35; Embassy of Turkey 25 Apr. 2005) and to the European Convention for the Prevention of Torture (ibid.). Article 17/3 of its constitution provides that "[n]o one shall be subjected to torture or ill treatment incompatible with human dignity" (FIDH May 2003, 6). Provisions against torture are also incorporated in the Turkish Penal Code and the Regulation on Apprehension, Custody and Interrogation (ibid., 7).

In 2002, the Turkish government adopted a zero tolerance policy against torture and since then, "most of the legislative and administrative framework required to combat torture and ill treatment has been put in place" (EU 6 Oct. 2004, 33; also Embassy of Turkey 25 April 2005). According to the Embassy of the Republic of Turkey in Ottawa, "[the] fight against torture and ill-treatment has been a priority item on the Government's agenda" (25 April 2005). In 25 April 2005 correspondence to the Research Directorate, the Embassy added that

[Turkey] remains committed to give due consideration to all allegations reported to governmental bodies. Requisite inquiries are given effect without delay in order to prevent impunity. It is also determined to further consolidate the on-going co-operation with all relevant international organizations, including the UN Committee against Torture (CAT) and the European Committee for the Prevention of Torture (CPT). The determination to further improve relations with local as well as international NGOs will remain intact.

The new policy, laws and regulations provide that cases of torture and ill treatment "should be prioritized" (AI 2004; also Embassy of Turkey 25 Apr. 2005), and

... sentences for torture and ill treatment can no longer be suspended or converted into fines; ... the requirement to obtain permission from superiors to open investigations against public officials has been lifted; ... [and] [m]edical examinations of detained persons are now to be carried out without the presence of the security forces, except when the doctor requires otherwise" (EU 6 Oct. 2004, 33; see also IHF 11 Nov. 2003, 37; AI 2004).

In September 2004, a new penal code was adopted that raised the maximum penalty for a torture conviction from 8 to 12 years (Country Reports 2004 28 Feb. 2005, Sec. 1.d; see also EU 6 Oct. 2004, 34). The new code to be implemented on 1 June 2005 (IPI 1 Apr. 2005), also

... increases the maximum statute of limitations for torture cases and other felonies from 15 years to 30 years and allows for the statute to be suspended in certain circumstances ...[and] requires that trials, including appeals, be completed before the statute of limitations expires; otherwise, the trial ends without a verdict (Country Reports 2004 28 Feb. 2005, Sec. 1.d).

Reports published in 2003 by international human rights organizations indicated that delays in prosecuting torture cases have been so great that trials have ended without a ruling because they exceeded the time limit set out by the statute of limitations (FIDH May 2003, 16; IHF 11 Nov. 2003, 37).

The implementation of the zero-tolerance policy and the subsequent adoption of a legislative and regulatory framework have, according to the Embassy of Turkey in Ottawa, included the training of relevant public officials (25 April 2005). According to the Embassy,

[t]he training of public officials on the protection and promotion of human rights continues to be a high priority. Human rights training has therefore been broadened and intensified with a view to further enhancing full and effective implementation. ...

Under the Joint Initiative by the Council of Europe and the EU, 225 judges and prosecutors were trained as trainers on the European Human Rights Convention and the case-law of the European Court of Human Rights. These trainers completed the training of 8,500 judges. This training has already shown positive results. There are hundreds of court judgments and prosecutors' indictments which reveal that judges and prosecutors have been rendering decisions in light of the European Human Rights Convention and the case-law of the European Court of Human Rights.

A seminar project on the new Turkish Penal Code has [been] started for 5,500 judges and public prosecutors by the Ministry of Justice. The purpose is to ensure better implementation throughout Turkey and effective functioning of the judiciary by way of providing necessary training to the judges and public prosecutors (Embassy of Turkey 25 Apr. 2005).

Monitoring of Prisons

According to Country Reports 2003, regular inspections of prisons were being conducted by the Ministry of Justice, the General Directorate of Prisons, the Parliamentary Human Rights Commission and Prison Monitoring Boards (25 Feb. 2004, Sec. 1.c). The Parliamentary Human Rights Commission is a national monitoring body that carries out ad hoc inspections of both detention centres and prisons while consulting with non-governmental organizations (Embassy of Turkey 25 Apr. 2005). "Its findings are conveyed to competent government offices for action" (ibid.).

Prison Monitoring Boards are responsible for inspecting living conditions, health, food, education and the rehabilitation of prisoners (EU 6 Oct. 2004, 36; see also Corrections Compendium 1 Aug. 2003). The Boards also "investigate inmate complaints and convey problems to the relevant authorities" (ibid.). As at October 2004, there were 131 monitoring boards in Turkey (EU 6 Oct. 2004, 36), which had prepared many reports containing recommendations for improvements, some of which the government took action upon, while lacking the funds to address others (Country Reports 2003 25 Feb. 2004, Sec. 1.c). Between January and August 2004, the boards made 1,193 recommendations, 451 of which were acted upon (EU 6 Oct. 2004, 36). The reports of the boards are confidential and the composition of these boards has been criticized as lacking in civilian participation (ibid.; see also Country Reports 2003 25 Feb. 2004, Sec. 1.c; HRW 15 Dec. 2004). Members of the monitoring boards are chosen by the Justice Commission (Corrections Compendium 1 Aug. 2003).

Complaint Mechanisms

Information published in 2003 by Amnesty International (1 Oct. 2003) and information provided to the Research Directorate in April 2005 by the Embassy of Canada in Ankara (27 Apr. 2005) indicates that complaints against prison officials can be lodged with the public prosecutor's office.

In October 2004, the European Commission reported that 140 enforcement judges were processing complaints filed by prisoners and detainees (EU 6 Oct. 2004, 36). As at May 2004, the judges had received 11, 923 complaints, 3,659 of which had been accepted and acted upon, and 7,945 were rejected (ibid.). In December 2003, the Ministry of Justice issued a circular prohibiting the screening of complaints before they are forwarded to enforcement judges (ibid.). According to the European Commission, as at October 2004, "[t]he training of Enforcement Judges has ... been inadequate" (ibid.).

In 2003, Amnesty International stated that

[t]here were reports that prisoners' complaints against prison warders were not effectively investigated by the prison monitoring boards and the enforcement judge and that disciplinary punishments – such as temporary bans from receiving visitors – were exercised harshly and arbitrarily. Some inmates reported that when they lodged a written complaint it would go missing (1 Oct. 2003).

As at 27 April 2005, there was no ombudsman in Turkey that, among other types of complaints, received complaints against prison conditions or treatment by prison authorities (Embassy of Canada 27 Apr. 2005). However, in 25 April 2005 correspondence to the Research Directorate, the Embassy of the Republic of Turkey in Ottawa provided the following information about the establishment of an ombudsman's office in Turkey:

... efforts to establish an Ombudsman in Turkey are ongoing.

A draft law has been prepared by the Ministry of Justice of the Republic of Turkey. This draft is currently being assessed by the relevant parties.

Establishment of an ombudsman institution in Turkey is part of the reform process as well as being a commitment undertaken in relation to Turkey's membership [in the] European Union.

In preparation for setting up of the said institution, over the last year, two seminars have been held in Turkey. Participants included high-level delegations from Ombudsman institutions in the EU and international organizations, Ombudsmen from European Union member countries, as well as Turkish officials, academics and representatives of the civil society.

Sources consulted indicate that impunity of perpetrators remains a problem in Turkey (HRW 15 Dec. 2004; IHF 11 Nov. 2003, 37; FIDH May 2003, 23). Although an October 2003 government circular instructed public prosecutors to personally investigate allegations of torture and ill treatment as priority cases, the European Commission indicated in October 2004 that prosecutors do not always conduct such investigations promptly or adequately (EU 6 Oct. 2004, 34; see also FIDH May 2003, 15-16). Sentences handed down "rarely reflect[ed] the seriousness of the crimes" (HRW 15 Dec. 2004). According to Country Reports 2004, "[t]he rarity of convictions and generally light sentences in torture cases contradicted the Government's official policy of zero tolerance for torture" (28 Feb. 2005, Sec. 1.d).

Please refer to the attached statistics on judicial proceedings of security personnel charged with ill treatment and torture, which were provided by the Embassy of Turkey in Ottawa.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Agence France-Presse (AFP). 12 September 2003. "Children Beaten, Abused in Turkish Juvenile Jail, MPs Claim."(Dialog)
_____. 26 May 2003. Sibel Utku. "'Death Fast' Robs Turkish Dissidents of Their Memory, Health."(NEXIS)

Amnesty International (AI). 2004. "Turkey." Annual Report 2004. [Accessed 18 Apr. 2005]
_____. 1 October 2003. "Concerns in Europe and Central Asia." (EUR 01/016/2003) [Accessed 25 Apr. 2005]

BBC. 8 October 2004. Stephen Sackur. "Kurds See Bright Future in EU." [Accessed 7 Apr. 2005]
_____. 8 November 2003. "Prosecutor Denies Torture Claims at Prison in Izmir." (Dialog)
_____. 27 May 2003. "Kurdish 'Peace Group' Member Dies In Jail in SouthEastern Turkey." (Dialog)

Corrections Compendium. 1 August 2003. Vol. 28, No. 8. "Turkey: Using U.N. Standards to Improve Its Prison System." (Dialog)

Council of Europe (COE). 25 June 2003. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Report to the Turkish Government on the Visits to Turkey Carried Out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 21 to 27 March and 1 to 6 September 2002. (CPT/Inf (2003) 28). [Accessed 25 Apr. 2005]

Country Reports on Human Rights Practices for 2004. 28 February 2005. "Turkey." United States Department of State. Washington, DC. [Accessed 25 Apr. 2005]

Country Reports on Human Rights Practices for 2003. 25 February 2004. "Turkey." United States Department of State. Washington, DC. [Accessed 25 Apr. 2005]

Embassy of Canada, Ankara. 27 April 2005. Correspondence received from the Immigration Counsellor.

Embassy of the Republic of Turkey, Ottawa. 25 April 2005. Correspondence received from the First Secretary of the Consular Section.

European Union (EU). 6 October 2004. Commission of the European Communities. 2004 Regular Report on Turkey's Progress Towards Accession. (SEC(2004)1201). [Accessed 15 Apr. 2005]

Freedom House. 24 August 2004. "Turkey." Freedom in the World 2004. [Accessed 22 Apr. 2005]

Human Rights Foundation of Turkey (HRFT). December 2003. "Prisons and Human Rights." Monthly Reports. [Accessed 25 Apr. 2005]

Human Rights Watch (HRW). 15 December 2004. "A Crossroads for Human Rights? Human Rights Watch's Key Concerns on Turkey for 2005." [Accessed 15 Apr. 2005]
_____. 22 September 2004. "Turkey: Simple Steps to Root Out Torture." [Accessed 25 Apr. 2005]

International Press Institute (IPI). 1 April 2005. "IPI Welcome Postponement of New Turkish Penal Code, Calls for Greater Discussion with Local Media Organisations." [Accessed 22 Apr. 2005]

International Federation for Human Rights (FIDH). May 2003. No. 361/2. Turkey: Torture, Still a Routine Practice. Comments 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. [Accessed 15 Apr. 2005]

International Helsinki Federation for Human Rights (IHF). 23 June 2004. "Turkey." Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2004 (Events of 2003). [Accessed 25 Apr. 2005]
_____. 11 November 2003. Torture and Inhuman or Degrading Treatment or Punishment in Selected OSCE Participating States, Report by the International Federation for Human Rights (IHF) to the Special OSCE Meeting on the Prevention of Torture Vienna, 6-7 November 2003. [Accessed 15 Apr. 2005]
_____. 24 June 2003. "Turkey." Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2003 (Events of 2002). [Accessed 25 Apr. 2005]

Kurdish Human Rights Project (KHRP). 19 April 2005. "About KHRP." [Accessed 25 Apr. 2005]
_____. 2004. Turkey's Implementation of Pro-EU Reforms: Fact-Finding Mission Report. [Accessed 25 Apr. 2005]

Turkish Daily News. 21 January 2003. "Inmate Families Protest F-Type Prisons." (Dialog)

Attachment

Embassy of the Republic of Turkey, Ottawa. 25 April 2005. "Tables Showing the Numbers of Security Personnel Who Were Subject to Judicial and Disciplinary Proceedings Between 1 January 1995 – 31 December 2004."

Additional Sources Consulted

Internet sources, including: Dunya Online, European Country of Origin Information Network (ECOI), Human Rights Association of Turkey (HRA), Integrated Regional Information Networks (IRIN), Radio Free Europe/Radio Liberty (RFE/RL), Turkishpress.com, Zaman.