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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