Each prison has an administration and observation board. Their responsibilities include determining cell placement, evaluating prisoner behaviour and granting sentence adjustments (Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, Article 28).

Sentenced prisoners are assigned to cells according to their age, length of sentence, and type of crime committed. They are also grouped in the following categories (Law n° 5275 on the Enforcement of Sentences and Security Measures, Article 24):

• first-time, repeat or habitual offenders
• those in need of a special regime due to their mental or physical condition
• those who are considered dangerous
• prisoners sentenced for terrorist crimes
• prisoners affiliated with a criminal organisation

Sentenced prisoners who have worked in general law enforcement or other public services are held separately from others (Regulation n° 2324, Article 57). Prisoners in situations of vulnerability must be held in cells of one to three people (Law n° 5275, Article 63).

Political prisoners are often isolated, either together or individually. Civil society organisations report frequent cases of arbitrary negative responses to transfer requests as well as numerous cases of forced transfers. Prisoners are often informed of their transfer at the last minute. They may be prevented from bringing their personal belongings. Some items are damaged during transfer. Forced transfers increased following the state of emergency declared in 2016 and have since been routinely used as a form of ill-treatment, particularly against Kurdish political prisoners. CİSST reported 337 cases of forced transfers in 2022. The Human Rights Association (İHD) reported 593 cases of arbitrary placement or transfer the same year.¹²³

A rehabilitation plan must be established by the psycho-social assistance service for each prisoner sentenced to more than six months. The administration and observation boards are responsible for evaluating prisoners’ compliance with their improvement programmes and submitting interim development assessment reports every six months (Regulation on Observation and Classification Centres and Evaluation of Convicts, Articles 13, 25, 28). An observation evaluation report must be submitted for those serving more than sixty days but less than six months (Article 16).

Educational and psychosocial programmes must be implemented in accordance with individual needs to foster rehabilitation. Placement must take into consideration access to relevant programmes. Prisoners classified as dangerous may not be placed in groups exceeding ten people (Law n° 5275 on the Enforcement of Sentences and Security Measures, Articles 73-74).

In practice, there are not enough psychosocial staff to establish individual sentence plans. Most prisoners have never had an individual sentence plan and report that they receive no support for their rehabilitation.

Prisoners can meet with their lawyers under the visual surveillance of officials (Law no. 5275 on the Execution of Criminal and Security Measures, Article 59). Meetings with lawyers generally take place during working hours, face to face, around a table.¹ Prisoners and lawyers need to whisper to prevent prison guards from hearing them and to preserve confidentiality. The doors of lawyer meeting rooms at Çanakkale E-Type Closed Prison are made of iron bars and conversations can be overheard from the outside.² Insufficient insulation and a lack of privacy have also been observed in Bayburt M-Type Closed Prison.³

The conversations must not be listened to or recorded. Documents related to the defence of the prisoner cannot be examined either. Upon request of the Chief Public Prosecutor’s Office and decision of the execution judge, these provisions can be bypassed for three months for prisoners convicted for crimes defined in Article 220 of the Criminal Code and crimes covered by the Anti-Terror Law n° 3713, as well as for those held in high security facilities (Regulation n° 2324 on the Management of Penal Institutions and the Execution of Penalties and Security Measures, Article 72). The decision to record meetings between prisoners and their lawyers must be made on the basis of concrete evidence of an imminent danger of committing crimes, or if public security or the security of the prison is threatened. In practice, sources indicate that the decision to record are often imposed arbitrarily. In most of the prisons visited by the CPT in 2017, conversations between prisoners and lawyers were systematically audio or video recorded, or monitored by a prison officer.⁴ The presence of surveillance cameras in the visiting rooms has become commonplace in some prisons, such as Silivri and Bandırma. Many lawyers defending prisoners accused of terrorism find themselves prosecuted for alleged affiliation with a terrorist organisation, especially in the southeast of the country. Since 2016, more than 1,600 lawyers have been charged by the authorities. Among them, 615 lawyers have been arrested and 551 have been sentenced to lengthy prison terms for terrorism related charges. Some of these lawyers were not defending prisoners accused of terrorism, but involved in freedom of expression cases.⁵

Families must be informed immediately of the death of their loved one (Law n° 5275 on the Enforcement of Sentences and Security Measures, Article 22). In practice, family associations report that access to medical information of their incarcerated relatives is very limited, even after their death in prison.¹

Prisoners’ remains must be released to their family (Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, Article 103). In practice, family associations report difficulty in accessing the remains of their deceased loved ones.¹

An ambulance must be provided by the State to carry the body. In some cases, ambulances are not provided and families must pay a private company. The families of political prisoners are not allowed to perform any rituals before the body is buried.

Kurdish families also report that the coercion they face from police officers prevents them from holding memorial events or funerals in accordance with their culture and traditions.²

Torture and ill-treatment in Turkish prisons have been widely documented by civil society actors, media, international organisations and institutions. Its occurrence is systemic and widespread.

Civil society reports various forms of physical and psychological torture. Physical torture includes beatings, beatings with objects (batons, sharp tools), repeated beatings on specific points of the body, whipping (whip, hose), sexual assaults, twisting of the testicles, plucking of the hair, hanging by the arms or feet, hogtying, forcing a prisoner to remain in the same position for a prolonged period, suffocation, prevention of urination or defecation, restriction of food or drink consumption. Psychological torture includes threats (to kill, to injure, to harm family), insults and humiliation, sensory deprivation (visual, auditory), sleep deprivation, playing loud music, forcing prisoners to watch others being tortured, torturing prisoners in the presence of relatives, raid searches and the scattering of prisoners’ personal belongings during searches.¹²³

In one case, a prisoner was subjected to 87 days of torture, from April to July 2022. He was beaten into unconsciousness, and kept in a dark and narrow space. He was blindfolded with his hands tied, making it very difficult to breathe and impossible to sit down. He received electric shocks to his hands, feet, kidneys and genitals, and was raped with a baton. Prison guards threatened to do the same to his wife and children. His lawyers reported that he had lost 22 kg and that he had difficulty speaking, concentrating and understanding what was being said to him because of the torture he endured.

The restriction of basic rights is also frequently used as a form of torture and punishment against prisoners. Those who oppose or resist these practices are threatened and may be subjected to further torture and ill-treatment, as well as disciplinary sanctions. In many cases they are held in solitary confinement and measures are taken to delay their release date.⁴ Civil Society in the Penal System Association (CİSST) reported 337 cases of torture and ill-treatment in 2022.⁵ The majority of acts were committed by prison guards and administrative staff, with some acts being committed by health, gendarmerie or other personnel. CİSST details several motives for which prisoners are subjected to torture and ill-treatment, including political views, criminal offense, gender and/or sexual orientation, ethnicity, disability, nationality, religion. The acts of torture and ill-treatment take place in rooms, corridors, blind spots not covered by cameras, padded rooms, gardens, administration offices, infirmaries and transfer vehicles. Padded rooms do not contain bathrooms, furniture or cameras. They are frequently used to torture and isolate prisoners for long periods.⁶

The Human Rights Foundation of Turkey (HRFT) reported 310 cases of torture in the first 11 months of 2022, and the Human Rights Association (İHD) reported 1,852 cases in the same year. Many civil society organisations receive allegations of torture and ill-treatment from prisoners. They underline that their figures remain far below actual numbers due to the difficulty of reporting such incidents. These organisations have been increasingly targeted by authorities since the declared state of emergency in 2016.⁷⁸⁹

The (Law n° 5275 on the Enforcement of Sentences and Security Measures states that prisoners shall not be subject to “cruel, inhuman, degrading or humiliating treatment” (Article 2). This provision is not upheld. Torture and ill-treatment in prisons have been widely documented by civil society actors, media, international organisations and institutions. Its occurrence is systemic and widespread.

The Chamber of Physicians carries out trainings on standard protocols that doctors must comply with, but medical staff are not required to undergo specific training to identify signs of torture. Examinations are not carried out in accordance with the Istanbul Protocol. Some doctors are unaware of its existence, and others choose not to follow it. Training programmes organised by the Ministry of Health may refer to the Istanbul Protocol but do not necessarily follow concrete training modules or methods.

In 2019, the CPT reported that medical personnel do not systematically ask about or record the origins of injuries. The delegation also noted that some doctors were not informed on how or to whom they should report injuries and allegations of ill-treatment.¹ The CPT and CİSST report that some doctors deliberately refuse to draw up medical reports alleging torture,² considering that it is not their job, or for fear of reprisals.³ When reports are drawn up, these may state that there are no serious concerns, or the observations made may be superficial.⁴ CİSST also reports some cases where hospital referrals are delayed following a prisoner’s request for a medical report to be issued concerning the alleged torture and ill-treatment.⁵

Complaints (‘applications’) can be submitted by hand, by mail, via fax and e-mail, or through an online platform. An original copy of the complaint must be delivered to the HREIT within 15 days.¹

The HREIT monitors the implementation of recommendations by requesting feedback from the administration, who is legally required to respond within 30 days. The administration must provide all requested information and documents. The HREIT may conduct follow-up visits to the facility at regular intervals to examine whether or not the recommendations are being implemented.¹

Some civil society organisations consider that the reports published by the HREIT lack substantive content, being published rather as a formality, highlighting international standards, but failing to provide specific and concrete observations on actual conditions of detention.

The Ombudsman institution, the Parliamentary Human Rights Committee, the Human Rights Department within the General Command of the Gendarmerie,¹ as well as city and district based human rights boards may conduct monitoring visits in prisons and publish reports. CİSST notes that reports published by city and district-based boards generally reaffirm statements made by the administration.²

The prison service also has internal monitoring boards. These mechanisms submit reports to the competent authorities.³ The Ombudsman is responsible for supervising these boards, constituting a double oversight mechanism. The effectiveness and objectivity of these monitoring boards are strongly contested by civil society organisations.

The administration and observation board of each prison, chaired by a public prosecutor, is in charge of granting sentence adjustments (Law n° 5275 on the Enforcement of Sentences and Security Measures, Article 89). Each board is composed of approximately 15 people, including one legal expert and members of the prison administration.

In 2022, the Human Rights Association (İHD) received 193 complaints from prisoners concerning problems with these boards. According to İHD, the boards make “abstract and subjective” comments in their decisions, and the ‘good behaviour’ criterion is applied arbitrarily.¹ The Civil Society in the Penal System Association (CİSST) also reports arbitrary application rejections.²

The degree of ‘good behaviour’ exhibited by a prisoner must be assessed every six months using a points system. Participation in different activities and programmes, book reading habits, relationships with others, remorse for the crime committed, compliance with the rules, and disciplinary sanctions are all taken into consideration (Article 89). TOHAV Society and Legal Research Foundation and the Legal Association ÖHD report that some prisoners are prevented from taking part in activities. The boards then reject the requests on the grounds of their non-participation. The same scenario reportedly occurs with regard to consulting a psychologist. Other grounds for rejecting applications may include the contents of prisoners’ correspondence, the use of too much water, clothing, or not showing remorse.

Disciplinary sanctions are reported to be imposed arbitrarily as prisoners approach the end of their sentence in order to prevent them from benefiting from conditional release. In some cases, prisoners are not released despite meeting requirements, but because they are expected to exhibit negative behaviour upon release. These disciplinary sanctions can lead to extended periods of detention exceeding non-parole periods, generally lasting from six months to a year. While the prisoner and prosecutor are supposed to be present at the hearings, decisions are often taken behind closed doors. Political prisoners’ requests for conditional release are almost systematically denied.

Prisoners may benefit from compassionate leave, special leave, or job search permission (Law n° 5275 on the Enforcement of Sentences and Security Measures, Articles 94-96; Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, Articles 114-116). Compassionate leave lasts between one and ten days, depending on the sentence. The prisoner must have served at least 1/10 of the total sentence. A compassionate leave may be granted to attend a funeral or if a prisoner’s relative is seriously injured or terminally ill. Prisoners held in closed prisons must be accompanied by the gendarmerie. Compassionate leave does not apply to cases requiring travel abroad. The Human Rights Association (İHD) reports that many prisoners have been denied compassionate leave despite meeting the eligibility criteria.¹

Special leave for prisoners in open facilities may take place every three months and last up to seven days. For prisoners in closed facilities, it may take place three times a year and last up to three days. Job-search permissions lasts 8 hours, between 7 a.m. and 7 p.m. on weekdays. Prisoners who have served at least six months of their sentence and have only one month remaining are eligible. This leave can be extended to weekly leave, which is granted between 7 p.m. on Sundays and 7 p.m. on Fridays. CİSST and the European Prison Observatory report that prisoners rarely manage to find work under these circumstances.²

Prisoners on temporary release are issued a leave certificate and must inform the prison administration of their destinations and accommodation. Eligibility criteria include ‘good behaviour’ and not being considered a security risk. Prisoners must cover all costs, including transportation, gendarmerie wages and lunch. As a result, many prisoners are unable to benefit from these provisions due to their lack of financial means. Political prisoners rarely benefit from these provisions.

Prisoners who do not return within two days of the end of their release may be sentenced to between six months and six years, and may be subject to disciplinary sanctions. Prisoners who do not comply with the provisions may be barred from benefiting from a temporary release measure in the future. If a prisoner is unable to return in time for reasons beyond their control, they must inform the public prosecutor.³

A special amnesty may be given to release a prisoner, reduce their sentence, or have it converted into a fine (Penal Code, Article 65). Prisoners sentenced for rape, child abuse or serial killing are not considered for amnesty.¹ Political prisoners are also excluded.²