HUMAN RIGHTS VIOLATIONS IN TURKISH PRISONS

The Turkish government is violating well-established domestic and international law by keeping severely ill prisoners arbitrarily detained. Prisoners in Turkey are struggling with sexual and physical violence such as bare-searching, harassment, and brutal beatings as well as many rights violations such as exorbitantly expensive canteens, midnight raids in the wards, book restrictions, denial of medicine and arbitrary punishments.[1] This article will shed light on some human rights violations cases taking place in Turkish prisons today.

Following the attempted coup in 2016, incarceration numbers have massively risen to the extent that prison overcrowding has become a prevalent issue. However, overcrowding is not the only concerning matter in prisons throughout Turkey, but the ill-treatment and human rights abuses happening to the tens of thousands of prisoners is a serious problem that must be tackled immediately.

 

Turkish President Recep Tayyip Erdogan has been targeting followers of the Gülen moment, a faith-based group inspired by the Turkish cleric Fethullah Gülen, since a series of corruption investigations took place in December 2013, implicating Erdogan, his relatives and inner circle.[2] Among the targeted are many opposition politicians, journalists, lawyers, and human rights defenders. Yusuf Bekmezci (82), a gravely ill prisoner who was in custody at Kırıklar F-Type Prison in Izmir, died after 47 days in intensive care.[3] He was arrested in January 2020 as part of investigations into the Fetullah Gülen Movement. Bekmezci was remanded in Izmir Kırıklar F-Type Prison and sentenced to 17 years and 4 months imprisonment on 9 April 2021 on a charge being a “manager of an organisation”.[4] Saadet Aytekin, his granddaughter and lawyer stated that her “grandfather’s case was at the Supreme Court. His sentence had not been ratified. However, the court ruled that ‘he should continue to serve his sentence in hospital’ as if his conviction had been ratified. He had illnesses throughout his two-year detention, but they refused to release a man attached to tubes in intensive care because he was an “escape risk”.”[5] Indeed, the Turkish Council of Forensic Medicine (ATK) issued a medical report stating that Bekmezci was unfit to remain incarcerated, but the court dismissed the report by stating he was at “flight risk”.[6] His daughter, Şeyma Bekmezci, stated her father’s inability to understand court proceedings in light of his advanced Alzheimer’s, which consequently made it impossible for him to defend himself. She suggested that the lack of proper mental health care in prison was one of the factors causing his deterioration: “he completely forgets himself in court and is in a vulnerable position”.[7]

 

Human Rights Association (İHD) declared that, as of June 2020, the numbers of sick inmates locked behind bars in Turkey amounted to 1,605, of which approximately 600 were in a critical condition. The government allowed their detainment even though most of them had forensic and medical reports deeming them unfit to remain incarcerated. Authorities refused their release on the basis that they pose a potential danger to society. The failure to release critically ill prisoners in time to receive proper medical treatment resulted in five deaths during the first eight months of 2020. After the pandemic hit, the government released prisoners charged with murder but decided to keep political prisoners in spite of the pandemic’s risks. Mugla died after contracting Covid-19.[8]

Throughout November and December 2021, several prisoners lost their lives while detained in Type T and Type F prisons. Prisoners Garibe Gezer and İlyas Demir were found dead in the padded cells where they had been isolated.[9] Some prisoners, such as 33-year-old Bangin Muhammed and 65-year-old Abdülrezzak Şuyur passed away due to failure of being released in spite of their severe illness and, in the latter case, advanced cancer.[10] Others were suspiciously found dead in their cells, and the administration informed their families that they had committed suicide.[11]

On the 20th of January 2022, 43 bar associations and lawyers as well as human rights organisations nationally and internationally signed an urgent letter for the United Nations special mandate holders to call attention to the imminent risk to health and life of the ill prisoner Aysel Tugluk, detained in Kocaeli Kandira F-Type Prison since December 2016.[12] Tugluk has been diagnosed with dementia and continues imprisoned despite the calls by medical reports demonstrating her precarious state and deteriorating health, exacerbated by the Covid-19 pandemic. Providing additional information on systemic issues concerning the treatment of prisoners in Turkey, the letter requests that the Special Procedures urge the Turkish government to immediately release Aysel Tugluk and all severely ill prisoners in line with both domestic and international standards with regard to the treatment of prisoners.[13] Despite this, at the beginning

of February 2022, the imprisoned Turgay Deniz (39) suffered lung failure and lost his life while in arbitrary detention. Although medical reports stressed the importance of being cared for throughout hospitalisation, he remained incarcerated.[14] His story is one of eight stories of people that have passed away in Turkish prisons in the last three months.[15] 84-year-old Nusret Mugla was convicted and imprisoned for being a Gulen Movement sympathiser. His arrestment failed to consider his age, heart and kidney diseases, and prostate cancer, and as a result of the neglected assistance, he died incarcerated.

 

The press statement held in the İHD İstanbul Branch noted that the serious violations of rights in prisons are gradually becoming systematic and has reached a stalemate in healthcare, the right to communication, torture, and ill treatment respects.[16] Accessing justice has become hopeless for many prisoners in Turkey. The rights organisations raised concerns that “it is now seen as an ordinary incident in the country that the dead body of a person is taken out of a prison any time.”[17]

Referring to the İHD data, as of March 2021, there were at least 1,605 ill prisoners, 604 of whom were in precarious conditions at the time of the statement’s publishment.[18] Human rights organisations know of at least 38 prisoners who should be released urgently, as their conditions are further deteriorating. However, to date the authorities have not responded to calls either from human rights activists or from the families.

 

On behalf of Broken Chalk, I make an urgent call to all the international communities and organisations to take action against the injustices and inhumane treatments against political prisoners undertaken by Erdogan and his regime, and to assist them in their release from the degrading conditions they are detained in.

 

Written by Olga Ruiz Pilato

 

Sources;

[1] Duvar English, MHP submits social media proposal, seeks penalties for fake accounts, February 2022 <accessible at https://www.duvarenglish.com/mhp-submits-social-media-proposal-seeks-penalties-for-fake-accounts-news-60333>.

[2] Turkish Minute, Turkish court rejects ailing philanthropist’s appeal for release from prison, January 2022 <accessible at  https://www.turkishminute.com/2022/01/12/kish-court-rejects-ailing-philanthropists-appeal-for-release-from-prison/>.

[3] MedyaNews, Turkey: Severely ill octogenarian prisoner dies, January 2022 <accessible at https://medyanews.net/turkey-severely-ill-octogenarian-prisoner-dies/>.

[4] Ibid.

[5] Ibid.

[6] Turkish Minute, Turkish court rejects ailing philanthropist’s appeal for release from prison, January 2022 <accessible at  https://www.turkishminute.com/2022/01/12/kish-court-rejects-ailing-philanthropists-appeal-for-release-from-prison/>.

[7] Ibid.

[8] Politurco, Gulenm sympathisers are dying in prisons under the ruling of the Erdogan regime, February 2022 <accessible at  https://politurco.com/gulen-sympathizers-are-dying-in-prisons-under-the-ruling-of-the-erdogan-regime-84-year-old-nusret-mugla-was-one-of-the-many-and-died-most-recently.html>.

[9] English Bianet, At least 59 ill prisoners lost their lives in Turkey in a year, January 2022 <accessible at  https://m.bianet.org/english/human-rights/256124-at-least-59-ill-prisoners-lost-their-lives-in-turkey-in-a-year>.

[10] Ibid.

[11] Ibid.

[12] International Federation for Human Rights, Turkey must immediately release Aysel Tugluk and other severely ill prisoners, January 2022 <accessible at https://www.fidh.org/en/region/europe-central-asia/turkey/turkey-must-immediately-release-aysel-tugluk-and-other-severely-ill>.

[13] Ibid.

[14] Ibid.

[15] Ibid.

[16] English Bianet, At least 59 ill prisoners lost their lives in Turkey in a year, January 2022 <accessible at  https://m.bianet.org/english/human-rights/256124-at-least-59-ill-prisoners-lost-their-lives-in-turkey-in-a-year>.

[17] Ibid.

[18] Ibid.

Submission to the Universal Periodic Review of the United Nations Human Rights Council: Ecuador

This report was drafted by Broken Chalk to contribute to the fourth Universal Periodic Review (UPR) of Ecuador. Broken Chalk is an organization that fights against violations of Human Rights and improving the quality of education around the globe. This report will discuss the main challenges Ecuador faces in regard to Education, what are some issues that could be improved through Education, and finally Broken Chalk will offer some recommendations for Ecuador in the field of Education based on the raised issues.

In the 2017 review, Ecuador received 182 recommendations and supported 162 recommendations relating to legal and general framework of implementation, universal and cross-cutting issues, civil and political rights, economic, social, and cultural rights, women’s rights, and rights of other vulnerable groups and persons.

Ecuador has stated that efforts to guarantee the widest coverage and highest possible quality of education at all levels has been intensified. In fact, between the years 2007 and 2017, net enrolment in basic education increased from 91.4% to 96.1%, and net enrolment rate in upper-secondary school increased from 51.2% to 70.8%. Regarding the gender gap, education for women has risen much faster than for males, therefore the gender gap in schooling has almost been closed. Despite this, there are still improvements to be made, especially in quality of education and accessibility.

By Alejandra Latinez

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Submission to the Universal Periodic Review of the United Nations Human Rights Council: Finland

Broken Chalk is an Amsterdam-based NGO established in 2020 and is focused on raising awareness and minimising human rights violations in the educational field.

Together with our international sponsors and partners, we encourage and support the following activities/projects: removing obstacles in education; contributing to the achievement of peace and tranquillity in the society through adaptation studies in an environment of intercultural tolerance; preventing radicalism and polarisation; and eliminating the opportunity gap in education for all. Our goal is to work together with global partners to remove barriers to access to education and to take concrete steps to ensure universal access to education.

In this 4th Cycle Universal Periodic Review, Broken Chalk will be occupied with reviewing Finland’s challenges and improvements in the educational field. In the 3rd cycle, (September 2017) Finland received 153 recommendations and supported 120 (78% of acceptance).

By Maya Shaw

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Submission to the Universal Periodic Review of the United Nations Human Rights Council: Morocco

Child domestics in Morocco face significant barriers to education before, during, and after working. Denial of the right to education leaves children without the skills and knowledge which they need to find good jobs, to participate fully in society, and to exercise their other rights. For child domestics, who frequently work in isolation, lack of education also means they miss its crucial role in socializing children and exposing them to potential sources of protection from workplace abuses.

By Ntchindi Chilongozi Theu

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41st_Session_UN_UPR_Country_Review_Morocco

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Submission to the Universal Periodic Review of the United Nations Human Rights Council: Bahrain

The right to education is a fundamental pillar of children’s rights. Achieving universal education, however, is a complex process that requires social policy to join with educational policy to develop strategies that bring about change. Bahrain is an island country located in western Asia, which, based on the projections of the latest United Nations data, has a population of about 1,773,831.

By Ntchindi Chilongozi Theu

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Submission to the Universal Periodic Review of the United Nations Human Rights Council: Brazil

This report has been drafted by Broken Chalk to contribute to the fourth Universal Periodic Review (UPR) of Brazil. Since Broken Chalk is an organization aimed at fighting inequalities and improving the quality of Education worldwide, this report will focus on Education. The report brings attention to the main and most outstanding issues that Brazil faces regarding the Right to Education. The report will also track the progress of the promises made by Brazil during the last UPR. In light of the following views, Broken Chalk shall offer Brazil recommendations for the improvement of the educational field.

Drafted by Aniruddh Rajendran
Edited by Olga Ruiz Pilato

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41st_Session_UN-UPR_Country_Review_Brazil

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Submission to the Universal Periodic Review of the United Nations Human Rights Council: United Kingdom

Providing education is one of the most important functions of any government and while many countries’ educational systems face greater troubles than the UK’s, it is by no means without its flaws.

There are five stages that encompass the education system in the UK: early years, primary, secondary, Further Education (FE) and Higher Education (HE). Education is compulsory between the ages of 5 (4 in Northern Ireland) and 16. Further Education is not compulsory and covers non-advanced education held at education colleges and HE institutions. The fifth stage, HE, is further study that takes place in universities and other Higher Education Institutions. This article will discuss some of the main problems the UK is facing including its two-tiered education system, major class divide and lack of resources and money in disadvantaged schools.

By Kate Ryan

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Submission to the Universal Periodic Review of the United Nations Human Rights Council: the Netherlands

The past five years since the Netherlands’ previous Universal Periodic Review (UPR) have seen developments in certain areas. There have been concrete actions to protect and fulfil the human right of everyone to education. Concurrently, however, evidence has been gathered of multiple violations of the right within the same timeframe. It is imperative for the Netherlands, as a human rights duty-bearer, to address the different forms of discrimination and marginalisation experienced by vulnerable groups, which hinder their access to education, as well as the multiple other challenges these groups face, whether the challenges are based on socio-economic grounds or otherwise.

Under national and international human rights law, the government of the Netherlands is under an obligation to respect, protect and fulfil the right of every person to education, provide redress for the occurrence of such violations, and prevent them from happening.

By Farai Chikwanha

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Submission to the Universal Periodic Review of the United Nations Human Rights Council: South Africa

Broken Chalk is a non-profit organization with one main goal – To protect human rights in the world of education. The organization started with a website and articles and currently it is working on multiple projects, each aiming to fight human rights violations in the educational sphere. As the UPR is related to human rights violations, inequalities, human trafficking, and other violations, Broken Chalk prepares this article for the fourth cycle and the specific country – South Africa.

During the last cycle, the delegation put forward 243 recommendations, South Africa supported 187 of them, and the rest they noted.1 Section B31 is the one that stands out as it is related to “Equality & non-discrimination” and South Africa supported all of the recommendations given. Some of them are related to the protection of different minorities. Support and education on the LGBTQ communities and attempts on reducing discrimination in the country. The recommendations given in 2017 will help Broken Chalk evaluate the performance of the specific country. This report will give an update on the previous issues related to education, plus recommendations on how to deal with new ones.

By Ivan Evstatiev

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Submission to the Universal Periodic Review of the United Nations Human Rights Council: Philippines

Broken Chalk is a non-profit organization that addresses the respect and enforcement of the right to education. Therefore, it is concerned on how the Philippines has expanded the access to quality education on an equal level across all levels and age groups without discrimination since the conclusion of the Universal Periodic Review’s 3rd Cycle in late 2017. Nearly 24% of the statements made by the 95 delegations during the Working Group’s Interactive Dialogue on 18th July 2017 focused on education and other issues such as the gender gap, discrimination, and human trafficking which affect the access, outputs, and outcomes of education.(1)

From 257 recommendations that these delegations put forward, the Philippines accepted all those concerning education under paragraphs 133.219 – 133.225 of the Working Group’s Report in its Addendum.(2) Thus, the Philippines accepted to prioritise public education in its budgetary expenditure; increase net enrolment for girls in pre-primary and primary education; generate legislation that increases access to quality education for vulnerable learners; and ensure education remains compulsory and free. These serve as a baseline for Broken Chalk to highlight new and persistent issues that impact the right to education within the state and conclude whether they were satisfied by the Government of the Philippines (GPH) whilst calling for actions that address the current trends and issues in a holistic manner.

By Karl Baldacchino 

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