A/HRC/37/50/Add.1
cent of the actual capacity. In some institutions, the overcrowding appeared to have resulted
from the mass arrests after the failed coup. In other locations, overcrowding appears to have
been persistent for several years, particularly in the women’s block of the Diyarbakır Etype detention facility.15
40.
According to the authorities, the overcrowding was largely the result of the
intensification of the violence in the south-east since July 2015, and of the massive influx
following the attempted coup in July 2016. In order to absorb this influx, several new
penitentiaries were being constructed. While the Special Rapporteur welcomes the
authorities’ efforts to alleviate the overcrowding through the construction of new detention
facilities, he also encourages the Government to consider alternative law enforcement
measures to deprivation of liberty.
3.
General conditions of detention
41.
The overcrowding observed negatively affected various aspects of the general
conditions of detention, including access to work, training, recreational and cultural
activities, and visits and phone calls with family members and lawyers, all of which are
important for the well-being and rehabilitation of inmates.
42.
While distance learning was available to all inmates, the Special Rapporteur is
particularly concerned about the lack of schooling and insufficient access to recreational
activities for juvenile pretrial detainees whom he visited in the juvenile section of the Etype closed prisons in Diyarbakır. Also, adult inmates under high-security regimes were not
allowed to work at all.
43.
The Special Rapporteur welcomes the fact that, with the exception of persons in
police custody, yards were accessible to all inmates and open for most of the day in all the
detention centres he visited.
44.
In most of the facilities visited, cells and common areas were cold. According to
consistent testimonies from inmates, although the physical heating infrastructure seemed
adequate, the heating reportedly was turned on only during the night.
45.
The majority of facilities visited, with the exception of the police holding cells, had
adequate ventilation or an adequate supply of fresh air, as well as sufficient natural and
artificial light in the cells.
46.
For all inmates charged with or convicted for terrorist-related offences, family visits
and phone calls have been reduced — to two visits and two phone calls each month — and
have been put under systematic surveillance. Ordinary criminals continue to be entitled to
four one-hour visits each month, as well as to more extensive telephone rights.
4.
Separation of pretrial detainees from convicts, and of male, female and juvenile
inmates
47.
While a strict separation between male, female and juvenile inmates was maintained
in all the institutions visited, pretrial detainees and convicts were often intermingled in the
same cells and blocks. Separation was made on the basis of the type of crime, with most
detainees charged with or convicted of terrorist-related offences held separately from
others. Occasionally, adolescent girls were found being held in blocks for female adults.
The Special Rapporteur recommends that the Turkish authorities introduce separation
between pretrial detainees and convicts in all its prison facilities.
5.
Medical care, sanitary conditions and nutrition
48.
While access to health care is guaranteed in principle, the overcrowding prevalent in
most detention facilities seems to have had a negative impact on prompt and adequate
access to medical care.
15
At the time of the Special Rapporteur’s visit on 29 November 2016 the detention centre was operating
at an occupancy of 1,481 inmates, whereas its capacity is for 1,035 inmates.
9
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