Submission Regarding the Situation in Turkish Prisons: Torture, Deteriorated Conditions, and Human Rights Violations

Date: June 2024

DE FACTO JUSTICE submits this report for consideration by the Committee Against Torture (CAT) during its examination of the State party report of Türkiye at the 80th session of the Committee, scheduled from 8 July to 26 July 20241

As a preliminary point, DE FACTO JUSTICE recalls that, according to Article 2(2) of the Convention against Torture (CAT)2, “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Therefore, it is important to clarify from the outset that any act deemed as “torture” under Article 1 of the CAT obligates each State Party to take effective legislative, administrative, judicial, or other measures to prevent such acts, as stipulated by Article 2(2) of the CAT.

For this reason, the Government of Türkiye's comments regarding the right to derogate from obligations under the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR), or the declaration of a State of Emergency, are irrelevant in determining whether an act constitutes torture under the CAT and whether the relevant provisions of the CAT have been violated. These provisions include but are not limited to, Article 4 (ensuring that all acts of torture are punishable offenses under its criminal law), Article 6 (custody and legal measures for the perpetrator), Articles 10 and 11 (training of law enforcement officers and ensuring systematic review), Articles 12, 13, and 14 (prompt and impartial investigation, right to complain, and adequate compensation), and Article 16 (obligation to prevent other acts of cruel, inhuman, or degrading treatment or punishment committed by or at the instigation of or with the consent or acquiescence of a public official).

This report aims to shed light on the significant problems currently prevalent within the Turkish prison system. Turkey has been facing numerous challenges and criticisms regarding the conditions and treatment of inmates in its correctional facilities. These concerns have raised important questions about the effectiveness of rehabilitation, human rights violations, and overcrowding issues, among others. Understanding the complexities and intricacies of these problems is essential to initiating positive reforms and ensuring a more just and humane prison system. This report delves into the key issues faced by Turkish prisons and proposes potential solutions to address these pressing concerns. By examining the current state of affairs, we can identify areas of improvement and work towards creating meaningful change within the Turkish prison system. With this writing, our aim in general is to provide you with a broad view concerning prisons in Turkey the deteriorating conditions that inmates and detainees have been facing, and the unfair implementations which have been systemically carried out by the officials.

At this very point, we as De Facto Justice, an Amsterdam-based human rights advocacy association whose board of directors and volunteers consist of lawyers, academics, and human rights activists, are in search of a better world in which people live in a harmony in a nondiscriminative, peaceful and non-brutal environment regardless of inmates’ actions and crimes they committed.