One of the steps expected to be taken by the AKP government in the axis of the democratic solution of the Kurdish issue, the Execution Regulation was accepted by the Parliament. The “Law on the Amendment of the Law on the Execution of Criminal and Security Measures and Certain Laws”, known in the public as the “10th Judicial Package”, was published in the Official Gazette on 4 June and entered into force. The fact that demands such as the Covid-19 regulation, Administrative Observation Boards, the situation of ill prisoners and the execution of aggravated life sentences were not included in the package caused reactions from politics and public opinion.

 

Jiyan Tosun, Co-Chair of the Human Rights Association (IHD) Istanbul Branch, was one of those who found the regulation insufficient.

 

INEQUALITY

 

Stating that the execution regulation did not meet the expectations, Jiyan Tosun said: “It was done quickly and the opinions of other parties were not taken into account. The law includes many unequal regulations within itself. We reacted to the Law from the very beginning. On the one hand, the Turkish Penal Code (TCK) is in force, but at the same time there is the Anti-Terror Law (TMKI), which contains more severe and special provisions than the Turkish Penal Code. In the execution regulations, people convicted under the Anti-Terror Law are generally not benefited. It is possible to say that there is a big inequality."

 

RADICAL AND CONSTITUTIONAL SOLUTIONS

 

Emphasising that radical amendments to the Law on Execution of Sentences are essential for the solution of the problems, “At a time when it is said that a process is being carried out, we think that the Parliament should continue its work on how to make legislative amendments before it closes,” said Jiyan Tosun and added: “Especially the academia should take part in the preparations and drafts of the amendments, the bar associations should contribute to this process, and the opinions of other parties should be reflected in the law. Therefore, this will be a long process. Since it is of vital importance at the moment, it is necessary to pave the way for the regulations that will enable ill prisoners to access the necessary health services. We especially express this demand."

 

RIGHTS VIOLATIONS

 

Stressing that both political prisoners and ordinary prisoner are subjected to serious violations of rights in prisons and that they have received many applications regarding this, Jiyan Tosun listed violations: “There are many applications for violations such as being sent to places far away from their families, the recent increase in canteen prices, the confiscation of letters, and the lack of proper communication. There are also many applications regarding access to adequate health care services. Again, in other severe diseases, there is a problem such as not being able to be examined by the doctor they themselves determine, and not being able to undergo surgery at the initiative of the doctor they themselves determine."

 

TORTURE CENTER

 

Jiyan Tosun drew attention to the deepening of isolation in Type S and Y prisons and high security prisons, which have recently increased in number and are called well-type prisons: “These prisons are designed in such a way as to include many violations of rights such as communication, air, socialising, respecting private living space. The location of these prisons is far from city centres. That means the prisoners are left alone. These are places that can actually be considered as a place of torture on people due to their structure. If we are going to talk about a process, democratisation and the rule of law, everyone should turn their eyes to prisons. They should listen to the calls of people whose lives are in danger, and regulations should be made as soon as possible.”

 

MA / Yesim Tukel