A/HRC/37/50/Add.2
Furthermore, where legally permissible, “judicial control decisions” which is an alternative
measure, are applied.
43.
With the Decree Law No: 674 dated 1 September 2016 on the Measures Taken
under the State of Emergency, construction work for new prisons have been accelerated.
With the said Decree Law, it is provided that in case of a need, the construction tender for
new prison establishments can be conducted without the fulfilment of the requirements
foreseen in the investment program. It is planned to construct 228 new prison
establishments until 2021. Among them, 106 are in construction stage, 51 are in the tender
phase, 59 are in the project phase and 12 are in the planning phase. The planned capacity of
these establishments is 333,714.
44.
In order to eliminate the problem of overcrowding permanently, the relevant
authorities continuously work on construction and for the improvement of physical
conditions of prison establishments.
45.
Furthermore, with a view to increasing the effectiveness of conditional release
regime which will contribute to reducing overcrowding, a project for “Improving
Conditional Release to Strengthen the Regime for Execution of Penal Sentences and
Prevent Re-Commission of Offenses” will start at the end of 2017 for 36 months.
General conditions of detention
46.
Regarding the claims cited in Paragraph 41 in connection with “inmates’ visits and
phone calls with family members and lawyers”, the Government would like to inform that
the visits for the convicts and detainees in penitentiary institutions are realized within the
framework of Articles 83, 85 and 86 of The Law No: 5275 on the Execution of Penalties
and Security Measures and the provisions of the Regulation on the Visitation of Convicts
and Detainees.
47.
Moreover, free visitations are allowed in accordance with the following provision
included in Subparagraph (e) of Paragraph 1 of Article 5 of the Regulation on the Visitation
of Convicts and Detainees which stipulates that “Taking into consideration the capacity,
security and order of the institution, convicts and detainees sentenced or detained on the
grounds of the crimes defined in Section 4, 5, 6, 7 of Part 4 of Second Volume of Turkish
Criminal Code No. 5237 and the crimes included in the scope of Anti-terror Law No :
3713, free visitations are allowed within every two months with the decision of
administrative and investigative board”.
48.
On the other hand, as per the Decree Law No: 667 dated 23.07.2017, on the
Measures Taken under the State of Emergency, “Remand detainees may be visited merely
by their spouses, up to second degree blood or consanguinity relatives and first degree
relatives by marriage, as well as legal guardians or trustees, provided the relationship is
documented. Powers of the Ministry of Justice and Public Prosecution shall be reserved.
Remand detainees shall exercise their right to communication by phone once every fifteen
days, limited to the persons listed in this sub-paragraph for a maximum of ten minutes.”
49.
The interview dates and hours of the of detainees with their attorneys shall be
limited in accordance with Subparagraph (d) of Article 6 of the Decree Law No: 667.
50.
The detainees and convicts in the penitentiary institutions benefit from sportive and
cultural activities taking into account security considerations as well as issues such as
physical structure and capacity of the institution and within the framework of the program
prepared by the administration of the institution.
51.
The convicts and detainees in penitentiary institutions are encouraged to attend
courses in fields offered such as painting, music, theatre in order to minimize the negative
physical and psychological effects of their situation while serving their sentences.
7
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