A/HRC/37/50/Add.2
35.
Furthermore, it is not clear in the Report that whether such allegations were brought
before justice or any local remedies are exhausted.
Solitary confinement
36.
As to unconfirmed claim in Paragraph 32 that “….a great number of persons had
been held in prolonged solitary confinement”, the Government wishes to inform that there
is no practice as “solitary confinement” in Turkish penitentiary system. In certain cases, a
disciplinary measure involving a stay in 1 or 3 persons rooms is applied in line with Law
No : 5275 on the Execution of Sentences and Security Measures. However, those who are
imposed such temporary disciplinary measures are entitled to have the same rights with
other inmates, namely joining recreational activities as well as having fresh air, watching
television, talking over the phone, meeting with visitors or lawyers, reading books and
receiving letters or fax messages.
Strip searches and invasive body searches
37.
In connection with the concerns raised in Paragraph 33 and 34 under the title
“Strip searches and invasive body searches”, the Government would like to underline that
searching of all body and belongings of the detainees and convicts transferred to the
Penitentiary Institutions are carried out in accordance with the provisions stipulated in
Article 67 of the “Regulation on the Administration of the Penitentiary Institutions and the
Execution of the Sentences and Security Measures”.
38.
In case that there are reasonable and serious indications regarding the fact that
prisoners and detainees carry forbidden items and belongings on them or in their body
cavities and in case that the highest supervisor of the institution deems it necessary,
searching is conducted in accordance with Article 36, titled “Searching” of the Law No :
5275 and the provisions stipulated in Paragraphs 2 and 3 of Article 46 of the Regulation.
By this way, the detainees and convicts coming to the institution are prevented from
bringing in drugs and hazardous substances in the institution and searching is made with the
strict observance of the principle of respect to human dignity.
39.
Necessary regulations including the issues pointed out in the Paragraph 34 already
exist in the legislation in detail and stipulated in the Regulation on the Administration of
the Penitentiary Institutions and the Execution of the Sentences and Security Measures.
40.
Furthermore, the personnel in the Penitentiary Institutions are regularly informed on
the current rules and legislation in force. Allegations of ill treatment and abuse are duly
investigated by the Chief Public Prosecutor Offices.
Overcrowding
41.
Regarding the concerns raised in connection with “overcrowding in penitentiaries”
(Paragraph 39), the Government would like to inform that the minimum standards for
prison establishments provided in the recommendations of the Committee of Ministers of
the Council of Europe are followed when accommodating detainees and convicts in prison
establishments.
42.
Due to the population growth and increase in the number of detainees and convicts
accordingly, new penitentiary institutions are needed in order to solve the capacity problem
of the penitentiary institutions. There might have also been occasional temporary
overcrowding in prison establishments in some cities when an unforeseeable rise occurred
in the number of detentions, as it was seen in the immediate aftermath of the terrorist coup
attempt of the 15 July 2016. However, such problems are addressed in a short period of
time with the construction of new establishments and transfers to other establishments.
6
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents