Women can be held in three different types of facilities:

• Open prisons exclusively for women (8)
• Closed prisons exclusively for women (11)
• Closed prisons for men containing wards holding women¹

In 2021, almost half of all women were being held in specific wards in closed prisons for men. These facilities do not have any specific amenities for children being held with their mothers.²³ The Human Rights Association (İHD) reports an excessive presence of cameras in women’s living spaces, with some cameras capturing video inside sanitary facilities.⁴

Strip searches are conducted by female staff members (Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, Article 34). Male officers may be present during cell searches.

CİSST reports a male-dominated prison administration that does not take sufficient account of women’s specific needs. The prison administration does not have a specific department dedicated to incarcerated women.

Women may benefit from cancer screenings from the age of 30. The prison administration does not inform them of this right, and many remain unaware of it. This may result in numerous cases of late detection. No data is available on the number of screenings carried out. Women who are victims of violence do not receive trauma-informed support and care. CİSST also reports a high rate of osteoporosis alongside vitamin D and iron deficiencies in women.

Female prisoners may buy sanitary pads from the prison canteen. Access to these products may be difficult. Only one type of sanitary pad is available. Those who cannot afford to buy them have to resort to napkins or other inadequate alternatives. Tampons and menstrual cups are not supplied as they are highly stigmatised in the country. The limited supply of clothing also makes it difficult to maintain hygiene standards during menstruation. CİSST has carried out initiatives in the past to provide free sanitary pads to women in prison, resulting in some prisons adopting this practice.¹²³

Women held in female facilities have access to activities, training and work. This access is limited for women held in male prisons, due to the rules of non-mixity with men, who are given priority. Their access to open air and communal areas is also limited.¹

The Law n° 5275 on the Enforcement of Sentences and Security Measures states that children in prison with their mothers must be held in nurseries and day care centres during the day. These may be located within the prison, or within other facilities belonging to relevant social service and child protection agencies or other institutions and organisations (Article 65). In practice, they generally remain with their mothers.¹ In 2017, the European Committee for the Prevention of Torture (CPT) reported the case of a nine-month-old child being held with their mother in an overcrowded ward with a shortage of beds, dysfunctional showers, insufficient heating and an absence of safety barriers for the child.²

Mother-child units have been built in Ankara and Diyarbakır prisons.³ All facilities exclusively accommodating women have some form of day care unit.

In November 2023, Özge E. H., an incarcerated lawyer, reported bad living conditions for children living with their mothers in prison. She affirms that her 15 months old daughter was not taken care of properly when she dislocated her wrist whilst playing in the ward.

Security staff do not wear civilian clothing when working in children living spaces.

Children in prison with their mothers must be provided food and drink appropriate for their age and needs (Law n° 5275 on the Enforcement of Sentences and Security Measures, Article 65). Psycho-social assistance must also be provided (Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, Article 12). In practice, prisoners must purchase baby formula from the canteen. They do not receive any psychosocial support and have very limited access to paediatric care. There are no specific prison staff trained to care for infants. They may be placed in a nursery school where they can learn to be toilet trained.¹ CİSST reports that this placement is not granted to children whose mothers are political prisoners.

Minors are subject to the Law n° 5395 on Child Protection and to specific provisions laid down for them in other legislation. Minors must be tried by juvenile courts, unless there are none in the jurisdiction, or if they are being tried as an adult. In 2020, there were 22 juvenile high criminal courts and 112 juvenile courts. A judge specialising in children’s rights must be involved in the investigation and sentencing process. CİSST reports that this provision is not upheld in practice.¹ CİSST further notes that certain provisions for minors are treated as privileges by the administration rather than rights, particularly with regard to family contact and access to activities.²

Children sentenced after the age of 18 for a crime committed before the age of 18 are subject to the provisions applicable to adults. Due to lengthy trials, many minors find themselves in this situation.³

Minors can be held in three different types of facilities (Law n° 5275 on the Enforcement of Sentences and Security Measures, Articles 8-15):

• Child education centres focus on on-site and off-site education, vocational training and reintegration into society. They can be considered the equivalent of open prisons for adults. They are also called ‘juvenile reformatory’ or ‘training schools’.
• Child closed prisons are reserved for minors, with certain exceptions for those having reached the age of adulthood (18-21)¹, but approaching the end of their sentence. These facilities focus on education and training.
• Closed prisons are designed for adults. Minors must be held in specific sections. They may be placed in these facilities on a permanent or temporary basis, depending on capacity and the location of other facilities intended specifically for them. Girls are frequently placed with incarcerated women, with no separation.

As of 2022, there were seven closed prisons for minors (Ankara, Diyarbakır, Hatay, İstanbul, İzmir, Kayseri, Mersin), and four child education centres (Ankara, Elazığ, İstanbul, İzmir).²

The right to education and training, access to activities and rehabilitation programmes, as well as contact with the outside world, including family and lawyers, are extremely limited for children placed in adult prisons. These rights also remain limited in closed child prisons, but are more accessible in child education centres.¹²

Children have the right to receive open visits (no physical barrier). Due to the limited number of dedicated facilities in the country, many children are held far away from their families. Some of them have not received visits for several years.

The İzmir Children and Youth Closed Penitentiary Institution has two floors, 36 units, 10 rooms per unit, 12 m2 cells, and 360 beds in total. The ground floor includes cells, communal living areas, an indoor and outdoor sports area, a canteen and cafeteria, a tailor, a laundry room, a hairdressing salon and visiting areas. The second floor includes an infirmary, a dental unit, open visiting areas, and visiting rooms for lawyers. The facility also has a cell for children with disabilities. Psychosocial services offer a range of behavioural and rehabilitation programmes. In 2018, the HREIT reported that the toilets and bathrooms at this facility were extremely unsanitary. Some toilets were dirty, most showers had no curtains and some bathrooms had partially broken mirrors and taps. Children also reported that the quantity of food was insufficient.³

CİSST reports that contact with children is more difficult. They are generally less informed about their rights, often have difficulty reading and writing, and therefore have more difficulty contacting organisations that can help them. Very few inspections are carried out in children’s facilities. None of the mandated bodies have a specific monitoring policy focused on children in prison. CİSST further reports that the legislation provides for a wide range of disciplinary sanctions for children, and that even a child’s failure to look after themselves can be considered a disciplinary offence.⁴

CİSST reports that access to cultural, sports and rehabilitation activities is extremely limited for children held in adult prisons and closed child prisons.¹ The CPT made similar observations in 2017, reporting that children spent most of their time watching television, playing video games or reading. Sports activities were organised once or twice a week.²

The extent to which staff is provided with training for dealing with minors is unclear. CİSST reports that some training is organised for security and psycho-social staff, but the prison administration does not report what exactly it entails, its frequency or its outcomes. This training also appears to be aimed at staff in facilities specifically for children and not at staff in adult prisons where children are also held. HREIT reports that staff at İzmir Children and Youth Closed Penitentiary Institution receive training three times a year, covering topics such as puberty, self-harm and suicide, behavioural problems and sexual abuse.¹

Illegal residence is not punishable with imprisonment.

Foreign prisoners can call their families. Phone calls are generally very expensive as prisoners must pay for special telephone cards to call abroad. Foreign prisoners must provide documents proving their family relationship to be allowed to call their families. They can request such documents from their consulate. Prisoners whose State does not have official representatives in Türkiye or prisoners who do not wish to contact them for security reasons cannot obtain such documents. Many Syrian and Afghan prisoners, who represent the majority of foreign prisoners, have not been able to reach their representatives for several years.

The main method of communication for foreign prisoners is correspondence. In some prisons, these letters must be written in Turkish. CİSST reports that letters can take as long as 8 to 12 months to reach their recipient.¹²

Foreign prisoners in closed prisons have the right to one open visit and three closed visits per month. In open visits, prisoners and visitors sit around a table with no separation between them. In closed visits, prisoners and visitors must talk via a phone over sound-proof glass. Visits last between half an hour and one hour.

Foreign nationals can be visited by their spouse, blood relatives and in-laws up to the third degree, or their guardian or trustee. Families must bring an official document proving their relationship, translated in Turkish, on the first visit. Foreign prisoners are allowed to have three additional persons visiting them.¹ As of 14 September 2021, these three persons can be changed over the course of the incarceration period.²

Visitors must submit an application to the Public Prosecutor’s Office and get approved one week prior to the visit. For foreign prisoners convicted for organised crimes, visitors must submit this application to the Ministry of Justice 15 days prior to the visit. These periods may be shortened in emergency cases. On special occasions, official or religious holidays, the Ministry of Justice may authorise an open visit.³ Many families of foreign prisoners are unable to visit their relatives in prison. Prisons may be far from airports or borders. Contacting families and translating all the required documents in Turkish can be challenging. Many foreign prisoners do not see their families for long periods of time. Foreign prisoners frequently request transfers to facilities closer to borders or airports or to prisons equipped with video calling systems.⁴

Following their conviction, foreign prisoners may request to be transferred to the country of their citizenship or a country where they have “strong social ties”, under bilateral agreements, the European Convention on the Transfer of Sentences Persons, or the Law n° 6706 on International Judicial Cooperation in Criminal Matters.¹ The application must be approved by the prosecutor, the prison administration, the Ministry of Justice, and the consulate of the prisoner’s country. Prisoners granted transfer have to cover the travel expenses. The procedures and subsequent transfer can take up to three years.²

Long-term prisoners are not subject to a specific regime.

Aggravated life imprisonment may be imposed on persons convicted of manslaughter, rape and subsequent murder, as well as on persons convicted of terrorism or treason, or on persons who have attempted to assassinate State officials. Many political prisoners are sentenced to aggravated life under the Anti-Terror Law. Offences previously punishable by death became punishable by aggravated life imprisonment in 2004, following the abolition of capital punishment.¹ Whereas the death penalty required the approval of the Grand National Assembly (Parliament), sentences of aggravated life imprisonment are decided by the Court.

Prisoners sentenced to regular life imprisonment are subject to the same regime as other prisoners.

Prisoners sentenced to aggravated life imprisonment are subject to a much stricter regime. They are entitled to one hour of exercise per day, extendable depending on their evaluated risk and behaviour. They may have access to activities, but this remains limited. They have the right to a 10-minute call and a one hour visit from their relatives once every fifteen days. They are not allowed to work, which leads to increased financial burden for some prisoners (Law n° 5275 on the Enforcement of Sentences and Security Measures, Article 25). Access to activities, open air and contact with other prisoners varies from one prison to another and remains at the discretion of the prison governor. Prisoners generally remain socially isolated. Civil Society in the Penal System Association (CİSST) reports that the most frequent complaint received from these prisoners concerns social isolation. The organisation reported two cases in which isolation led the prisoner to commit suicide. It further notes that some prisoners see their life sentence as a form of perpetual torture worse than capital punishment. Many also suffer health problems and delays in hospital transfers.¹²³⁴

Prisoners sentenced to regular life imprisonment are eligible for sentence adjustment after 24 years of incarceration. This period may be extended to 30 years in the case of prisoners convicted for organised crime and 33 years for a repeat offence. Those sentenced to aggravated life imprisonment may have their sentence adjusted after 30 years. This period may be extended to 36 years for organised crime and 39 years in the case of a repeat offence. Multiple convictions may also extend these periods, depending on the other sentences handed down (Law n° 5275 on the Enforcement of Sentences and Security Measures, Articles 107-108.) In practice, political prisoners sentenced to life under the Anti-Terror Law do not benefit from sentence adjustments.¹

Since August 2017, the maximum duration of pre-trial detention increased to seven years: two years of investigation, four years of prosecution and one year of extension.

Judges may decide to hold defendants in custody pending trial “if there are specific facts indicating the suspect may flee, attempt to destroy evidence, or attempt to pressure or tamper with witnesses or victims”. Suspects are often held in pre-trial detention without clear justifications from the judge. Under the scope of the Anti-Terror Law, chief prosecutors have discretion to keep prisoners in pre-trial detention if they are deemed dangerous to public security.¹

The law allows prisoners to appeal against pre-trial detention. The appeal proceedings are handled by the second criminal high court.

Untried and sentenced prisoners have the same rights, conditions of detention, as well as access to lawyers, visitors and phone calls.¹ Untried prisoners may request authorisation to work. They may receive visitors during the investigation and prosecution phases, under the same rules as sentenced prisoners held in the same facility. The public prosecutor and the judge or court in the prosecution phase may impose restrictions on visits, written communications or phone calls. Untried prisoners have the right to choose and appoint a defence counsel of their choice. The communication, contacts and meetings with their defence counsel cannot be prevented or restricted in any way. Their conversations must not be overheard and their correspondence may not be subject to inspection. In the investigation phase, a maximum of three lawyers can meet with the prisoner at the same time. Lawyers cannot meet with more than one prisoner at the same time. (Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, Article 139).

Discrimination and exclusion from education, healthcare and employment are exacerbated for Kurdish and Roma people in prison. Mehmet B., detained in Sincan prison, reported to CİSST that he was subjected to ill-treatment because he was Roma. He was beaten, threatened with death, subjected to psychological pressure and did not receive proper treatment for his tuberculosis. He went on hunger strike in June 2022 to protest. His mother reported that he was found dead two months later with finger marks around his neck and bruises on his shoulders. The European Court of Human Rights (ECHR) has issued several judgments demanding the release of Kurdish political prisoners detained on unfounded charges and accused of terrorist offences.¹

CİSST observes that the prison administration is built on a binary and heteronormative system. LGBTQI+ prisoners are diagnosed with “gender identity or sexual identity disorder” on their first visit to health services. There is no policy or staff training to identify and address LGBTQI+ specific needs. LGBTQI+ prisoners face discrimination and abuse, both by other prisoners and by the staff. They may also be subject to discrimination by lawyers, judges or courts. When held in solitary confinement, these prisoners are particularly vulnerable to ill-treatment, harassment, rape, and physical or psychological torture from prison officers. They also tend to be more isolated from contact with the outside world. Complaints are ineffective and lead to more violence. In some cases, prisoners were transferred to another prison following such incidents.

LGBTQI+ prisoners are sometimes prevented from writing letters.¹²³ CİSST reports that they communicate using coded language in their messages, because they do not feel safe openly communicating considering their letters will be read by the prison administration. Some acronyms, such as LGBTQI+, are redacted by the letter reading committees as they consider it to be code for something that may jeopardise security.

Prisoners cannot always access clothes, hygiene and cosmetic products allowing them to express their gender identity.⁴ The Human Rights Association (İHD) further reports that transgender women held in male facilities are not allowed to grow their hair long and transgender men held in female facilities are not allowed to cut their hair short.⁵

Elderly prisoners with specific medical needs and incapable of caring for themselves are sometimes transferred to R-type (rehabilitation) facilities. Most of them remain in ordinary prisons, where there is no support, no adequate living environment or necessary care.

During its 2017 visit to Menemen R-type prison, the European Committee for the Prevention of Torture (CPT) informed the prison doctor and administration that a 76-year-old prisoner was in a critical health state and should be transferred to a hospital. The prisoner was subsequently transferred to the hospital to continue treatment.¹

Hearing and speech impaired prisoners must be informed in sign language about disciplinary offenses and penalties, as well as how to make complaints. The visually impaired shall be given a booklet written in Braille (Law n° 5275 on the Enforcement of Sentences and Security Measures, Article 22).

Disabled prisoners must rely on the help of other prisoners or staff members in their daily lives to meet their needs, communicate or exercise their rights.¹ For example, blind prisoners must rely on other prisoners when they do not have access to tactile paving or Braille to write and read. Prisoners with disabilities held in ordinary prisons lack access to appropriate medical and psychological care, accessibility, specific equipment and trained staff.² Prisoners with physical disabilities are not systematically provided with prostheses and necessary equipment free of charge.³ Social security only covers a very small part of necessary medical devices for persons with disabilities. Prisoners need a medical report confirming the necessity of their medical device, such as a wheelchair. The prison administration may withdraw said device if they deem it a security threat.

Prisoners with disabilities can work if their health allows them to.⁴ If not, they do not have any other income source besides the disability pension provided by the Social Assistance and Solidarity Foundation (SYDV). The application process for this pension can be difficult as it requires obtaining the guardian’s signature and a disability report, as well as meeting the neediness criterion. Some prisoners benefiting from this pension can also face problems accessing the money. During the pandemic, prisoners with disabilities could not receive care such as physiotherapy or rehabilitation, which worsened their conditions. Workshops for prisoners with disabilities were completely suspended.⁵⁶

The Human Rights Association (İHD) reports that prisoners who have physical difficulty standing up are forced to do so during headcounts.⁷ CİSST reports the case of a prisoner with no hands sentenced to aggravated life imprisonment who was required to remain alone despite being considered unable to take care of himself by the Council of Forensic Medicine (ATK).