Report on Violation of Rights in Kırşehir Closed Prison: Insult and Violence

* Photo: Anadolu Agency (AA)

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The violation of rights in Kırşehir Closed Prison in the central Anatolian province has been documented in a report by four right organizations.

Progressive Lawyers Association (ÇHD), Human Rights Association (İHD), Lawyers for Freedom Association Ankara branches and the Med Federation of Associations for Legal Aid and Solidarity with Families of Arrestees and Convicts (MED TUHAD-FED) have issued a report entitled "Report on Violation of Rights in Kırşehir Type E Closed Prison."

The report has been prepared upon the complaints raised by the relatives of prisoners who were faced with rights violations and battery in prison and based on their accounts as communicated by their relatives as well as based on the meetings with prison administration.

Sharing their complaints with their relatives during prison visits, prisoners have indicated that when they do not accept to be counted on foot in accordance with military rules, they are subjected to physical violence and torture by prison personnel in prison cells and wards.

'Psychological methods were used'

Under the chapter "The Violation of Prohibition of Torture and Ill Treatment," the following observations have been shared in brief:

"According to the accounts of prisoners in Kırşehir Type E Closed Prison, when they do not accept to be taken to the yard and counted on foot in compliance with military rules, they are subjected to physical violence, torture, beating and insults in prison cells and wards.

"The prisoners have indicated that all prisoners were tortured by wardens, who are public officers, at different dates and with different methods. Methods such as beating and dragging by force as well as psychological methods such as swearwords, insults and threats were used.

"The Article 86/7 of the Law on the Execution of Sentences and Security Measures stipulates "respect for human dignity in body searches.' Though there are complaints and applications by prisoners about the torture committed in prison, no action has been taken about them and no information has been given as to the results of prisoners' of petitions.

'Restriction of prisoners is against regulations'

"All public officials in all positions who prevent an effective investigation into this incident, such as the public official wardens who tortured prisoners, have responsibility in that regard.

"The liability to conduct an effective investigation into violation of prohibition of torture and actions against torture has been violated.

"Considering that the number of prisoners in Kırşehir Type E Closed Prison can be easily detected, the request for counting the prisoners according to military rules is against human dignity.

"The restriction of prisoners violates legal regulations. Though none of the contacted prisoners has been sentenced to aggravated life imprisonment, they are subjected to the Article 25 of the Law on the Execution of Sentences and Security Measures on the execution of aggravated life sentence."

Referring to the Law no. 5275 on Criminal Enforcement, the report has reminded the authorities that the provisions of the law shall be put into force "without making any discrimination based on race, language, religion, sect, color, gender, birth, philosophical belief, national or social origin, political or other thoughts, economic power or other social standing."

Responsibility of the institutions

In the conclusion to the report, rights organizations have reminded the related institutions of their responsibility towards prisoners rights arising from domestic and international law:

"Given the laws, international regulations and universal legal principles, when the violations of freedom of expression, prohibition of torture and ill treatment shared with our institutions are detected, the related prison administration and personnel are obligated to end these practices and acts and the administration is obligated to fulfil its positive responsibilities."

It has also noted that "in addressing the detected rights violations, the executives, personnel and the administrative organs that do not fulfill their responsibility of inspection do clearly have responsibility in that regard."

The organizations have requested that the tortured prisoners be referred to the Forensic Medicine Institution or a full-fledged hospital and be treated and an administrative investigation be launched against the related personnel and the investigation be conducted in line with the İstanbul Protocol. (AÖ/SD)