Contributor(s)Civil Society in the Penal System Association (Ceza İnfaz Sisteminde Sivil Toplum Derneği, CİSST)

Security, order, and discipline

Security functions are fulfilled by

  • the prison service 
  • the police or gendarmerie
i

The prison administration oversees internal security, while the gendarmerie is responsible for external security and transfers (Law n° 5275 on the Enforcement of Sentences and Security Measures.

Some prison facilities, units or cells implement high-security measures

yes

The prison estate contains high security facilities, including F, S and Y-type prisons as well as ‘High Security’ prisons. The number of these prisons increased rapidly in 2022. As of 1 January 2023, there were 14 F-type prisons, 7 S-type prisons and 19 ‘High Security’ prisons. Cells in these prisons hold between one and three prisoners who are subjected to varying degrees of social and sensory isolation. They are sometimes referred to as ‘the tombs’.12 Prisoners eat, sleep, shower and go bathroom in these cells. They may have contact with up to five people, for two hours, at least once a month. In practice, very limited communication occurs with other prisoners, and requests to do so are frequently denied. Some prisoners resort to using small ventilation holes to communicate with one another. These cells also include small private yards to further limit communication.3

İmralı prison is a high security facility and the smallest in the country, located in a military zone on a small island in the south of the Marmara Sea. It holds five prisoners as of 2024, most of which are sentenced under the Anti-Terror Law. These prisoners are subjected to isolation for 23 hours a day and incommunicado detention.4

Prisoners are classified according to their supposed level of dangerousness

yes

Prisoners considered to pose a high risk to general security and safety are to be placed in high-security facilities (Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, Article 5).

The prison service is not trained in dynamic security.

Body search procedures are detailed in the Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures. Upper body clothing is removed first. Lower body clothing is only removed once the upper body clothing has been put back on (Article 34).

Strip searches may only be imposed as exceptional measures.1 In 2021, the European Court of Human Rights (ECHR) ruled that strip search practices in Turkish prisons constituted degrading treatment because they were imposed in an arbitrary and humiliating manner. Civil Society in the Penal System Association (CİSST) also reports the arbitrary use of strip searches, and beatings in the event of a refusal to be searched. These are routinely carried out, systematically upon entering and exiting the facility, and used as a form of torture. Political prisoners are particularly targeted.234 Approved personal belongings are also sometimes arbitrarily removed, scattered on the floor, or broken. Prisoners who oppose these practices may be subjected to insults, threats and ill-treatment.56


  1. Civil Society in the Penal System Association, “CİSST Annual Report on Prisons 2021”, pp. 26, 53. 

  2. Ibid. 

  3. Civil Society in the Penal System Association, “CİSST Annual Report on Prisons 2022”, p. 35. 

  4. Human Rights Foundation of Turkey (HRFT), “Treatment and Rehabilitation Centres Report 2022”, 2023, p. 29. 

  5. Human Rights Association: İnsan Hakları Derneği, “2022 Prisons Report”, p. 32. 

  6. Civil Society in the Penal System Association and European Prison Observatory “2019 Prisons of Turkey Report”, 2019, p. 23. 

All searches are logged in a register

no

The Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures states that searches must be logged and recorded with the signatures of the officer(s) and prisoner(s) involved (Article 34). This provision is not upheld in practice.

Body cavity searches are conducted by a physician

-

Body cavity searches are authorised if there are reasonable and serious indications that something has been introduced in the person’s body cavities. The prisoner is first instructed to remove the substance or object themselves, otherwise they are informed that this will be done by force. The body cavities must be examined by a doctor. First, clothing on the upper body is removed and the upper body is searched, then this clothing can be put back on and the same procedure is applied to the lower body. Clothing are also searched (Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, Article 34).

TOHAV Society and Legal Research Foundation and the Legal Association ÖHD report that prison officers also perform cavity searches in practice. Civil society organisations also reports the abusive implementation of oral cavity searches, especially during hospital and prison transfers.1 The Human Rights Association (İHD) received 51 complaints in 2022 regarding this issue.2


  1. Civil Society in the Penal System Association, “CİSST Annual Report on Prisons 2022”, p. 12. 

  2. Human Rights Association: İnsan Hakları Derneği, “2022 Prisons Report”, p. 31. 

Relatives who enter the prison are searched using the following methods

  • electronic devices
  • pat-downs

Professionals who enter the prison are searched using the following methods

  • electronic devices
  • pat-downs

All professionals must pass through a metal detector. In case of doubt, they may be subjected to a pat-down and denied entry if they refuse.1


  1. Civil Society in the Penal System Association and European Prison Observatory “2019 Prisons of Turkey Report”, 2019, p. 24. 

Handcuffs and bodily restraints may be used during transfers (except for children) or for medical reasons. These instruments may also be used if there are no other satisfactory methods to prevent the prisoner from harming themselves, others, or property (Law n° 5275 on the Enforcement of Sentences and Security Measures, Article 50).

Prisoners are frequently placed in padded rooms and/or handcuffed if they are having a panic attack or exhibiting a behaviour considered as uncontrollable. Some prisoners are kept in padded cells for days, handcuffed behind their backs.1


  1. Civil Society in the Penal System Association and European Prison Observatory “2019 Prisons of Turkey Report”, 2019, p. 25. 

Handcuffs and bodily restraints may be used with approval from a medical practitioner for medical reasons, or by order of the prison governor, if there are no other satisfactory methods to prevent the prisoner from harming themselves, others, or property (Law n° 5275 on the Enforcement of Sentences and Security Measures, Article 50).

Security staff carry

no weapons

A special intervention unit is in charge of restoring order

yes

The special ‘assault security teams’ are equipped with batons, shields, helmets, tear gas and ‘robocop’ gear. They do not carry firearms. These security teams receive special training. They are sometimes referred to as ‘punishment units’ as they are deployed arbitrarily to intimidate or physically force prisoners to comply with orders by beating or dragging them. They intervene on a daily basis.

The gendarmerie and police intervene in the event of riots, forced transfers or escapes.

The prison service keeps record of incidents

yes

These records are not public.

Number of escapes

5

i
2021
/ Council of Europe, “SPACE I Report - 2022”, p. 107.

Individual acts of protest are recorded

yes

These records are not public. Acts of protest may lead to disciplinary sanctions or prosecution in court.

Civil Society in the Penal System Association (CİSST) reports that prisoners frequently go on hunger strike individually and collectively when their complaints are not resolved.1

The Human Rights Association (İHD) reports that at least 234 prisoners went on hunger strikes or death fasts in 2022. These strikes took place in at least 33 different prisons. İHD notes that this figure only illustrates the number of cases it has been able to document and that the actual figure is substantially higher.2

Hunger strikes are subject to disciplinary sanctions such as the restriction of participating in certain activities. Prisoners on hunger strike must be informed of the physical and mental dangers by a doctor. The psycho-social service must carry out efforts to convince the prisoner to end the hunger strike. These prisoners may be subject to mandatory medical evaluations, hospitalisation, specific treatment, nutrition measures or coercive measures such as forced feeding, on advice of a medical practitioner, or without, in emergency cases. Prisoners encouraging others to go on hunger strikes may be placed in solitary confinement.

Any forms of protest, as well as singing or chanting anthems or slogans, are subject to the restriction of communication or use of means of communication (Law n° 5275 on the Enforcement of Sentences and Security Measures, Articles 40-44, 82; Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, Article 101). Prisoners may also be subjected to other disciplinary measures and denied conditional release.3

İHD also reported the case of a prisoner who set himself on fire in 2022. The act was a form of protest against their isolation and the violation of their rights in Ereğli Maximum Security Closed Prison.4

The Human Rights Foundation of Turkey (HRFT) further reports that some prisoners “stand tall during headcounts and refuse to submit or bow to authorities as a form of protest”.56


  1. Civil Society in the Penal System Association, “CİSST Annual Report on Prisons 2021”, p. 32. 

  2. Human Rights Association - İnsan Hakları Derneği, “2022 Prisons Report”, 2023, pp. 27-28. 

  3. Report of an Independent International Fact-finding Mission to Turkey Examining the Treatment of Lawyers Deprived of their Liberty and Observing Trial Proceedings 6-10 November 2023”, 2024, p. 16. 

  4. Human Rights Association - İnsan Hakları Derneği, “2022 Prisons Report”, 2023, pp. 27-28. 

  5. Human Rights Foundation of Turkey (HRFT), “Treatment and Rehabilitation Centres Report 2022”, 2023, p. 29. 

  6. U.S. Department of State, “Turkey (Türkiye) 2022 Human Rights Report”, 2023, p. 13. 

Collective movements are recorded

yes

These records are not public.

Cases of collective hunger strikes have been reported, particularly among political prisoners. Thousands of political prisoners began an alternating, indefinite hunger strike on 27 November 2020 to demand an end to the isolation of four political prisoners in İmralı prison, as well as an end to the general isolation imposed in all prisons during the pandemic. The hunger strike lasted until 12 September 2023.1

In 2022, many prisoners sentenced to aggravated life imprisonment in various prisons went on hunger strike to protest the harsh isolation conditions and psychological violence.2

CİSST reports that multiple prisoner uprisings took place following the earthquake of 6 February 2023. In some facilities, prisoners remained locked in their cells and unable to call for help, while prison staff left out of fear or to help their families. In one case, the ensuing uprising led to the killing of three prisoners by the gendarmerie and the injury of 12 others.


  1. Civil Society in the Penal System Association, “CİSST Annual Report on Prisons 2021”, p. 32. 

  2. Civil Society in the Penal System Association, “CİSST Annual Report on Prisons 2022”, p. 83. 

Breaches of discipline are clearly defined in writing

-

The Law n° 5275 on the Execution of Criminal and Security Measures contains provisions on the breaches of discipline and the maximum periods for which sanctions may be applied (Articles 38-46). All disciplinary sanctions must be recorded (Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, Article 124).

Civil society organisations report that prisoners do not systematically receive a written copy or verbal communication concerning disciplinary system.

The Law no. 5275 on the Execution of Criminal and Security Measures sets out the following disciplinary sanctions for adults prisoners (Articles 38-44):

  • reprimand (15 days maximum)

  • restriction of participation in certain activities (3 months maximum)

  • restriction of access to work (3 months maximum)

  • restriction of communication, except with lawyers, or with relatives in the event of death or serious illness (3 months maximum)

  • restriction of access to television or radio (3 months maximum)

  • solitary confinement (20 days maximum)

The following disciplinary sanctions may be applied to children (Articles 45-46):

  • warning

  • reprimand

  • reparation, compensation and restitution (7 days maximum)

  • withholding of one third of the money received from family (30 days maximum)

  • restriction of participation in certain activities (30 days maximum)

  • postponement or withdrawal of incentive-based privileges (30 days maximum)

  • transfer to another room, dormitory or part of the facility

  • change of place of vocational training

  • restriction of entry to certain spaces

  • restriction of possession or use of certain objects

  • restriction of access to open visits (60 days maximum)

  • postponement of release date (60 days maximum)

  • transfer to a closed prison for a period of six months the first time and one year in the case of repeat infringements

  • confinement to an individual cell for minors in closed prisons (5 days maximum).

Civil society organisations report systemic and widespread application of arbitrary disciplinary sanctions. Prisoners often restrain from filing complaints out of fear of reprisal in the form of disciplinary sanctions. Many specifically request that their identities remain anonymous to avoid repercussions from staff. The Human Rights Association (İHD) reports cases of prisoners being prevented from seeing their lawyers as a disciplinary sanction. This method is used to prevent them from organising an effective defence and pursuing appeal procedures, particularly in the case of political prisoners. Prison staff sometimes physically or psychologically provoke prisoners to commit disciplinary infringements. Prisoners who do not comply with arbitrary sanctions may be placed in solitary confinement. İHD also notes that attempting to inform the outside world of rights abuses and oppressive practices in prisons may lead to disciplinary action.123


  1. Human Rights Association - İnsan Hakları Derneği, “2022 Prisons Report”, 2023, pp. 31, 36, 40, 41. 

  2. Civil Society in the Penal System Association, “CİSST Annual Report on Prisons 2021”, p. 30. 

  3. Civil Society in the Penal System Association, “CİSST Annual Report on Prisons 2022”, p. 36. 

Disciplinary offences are investigated

yes

An investigation must be initiated by an officer appointed by the prison governor within five days of having learned about the incident. It must be completed within fifteen days, and may be extended up to seven days with written approval from the sentencing judge (Law n° 5275 on the Enforcement of Sentences and Security Measures, Article 47).

In practice, CİSST reports that these investigations are generally conducted on paper as a formality and do not guarantee a thorough or fair process.

The decision to apply a disciplinary sanction must be subject to an adversarial debate

yes

i

Prisoners are allowed to be assisted by a lawyer

yes

Warnings, reprimands, and restrictions of participation in certain activities are decided by the prison governor. Disciplinary boards are responsible for all other disciplinary sanctions and may impose the aforementioned sanctions as well. In cases where it is necessary to take immediate measures, the prison governor may separate the prisoner from others and place them in a different room or section. The sentencing judge must be informed. Multiple disciplinary sanctions cannot be executed simultaneously (Law n° 5275 on the Enforcement of Sentences and Security Measures sets out the following disciplinary sanctions for adults prisoners (Articles 47-49).

Prisoners may appeal against disciplinary sanctions

yes

Prisoners can appeal to the enforcement judge’s office or the public prosecutor’s office. In practice, execution judges reject a large majority of appeals. In that case, the disciplinary sanction is automatically imposed.1 Prisoners may nonetheless file appeals to the following institutions and in the following order: (1) Criminal Court, (2) Constitutional Court, (3) European Court of Human Rights.2 In practice, prisoners rarely file appeals for fear of further disciplinary sanctions or other reprisals. In some cases, lawyers have been denied access to certain documents in order to prevent them from adequately preparing a defence during appeal proceedings.3


  1. Civil Society in the Penal System Association, “Handbook for Foreign Prisoners”, 2019, pp. 51-52, 56. 

  2. Civil Society in the Penal System Association and European Prison Observatory “2019 Prisons of Turkey Report”, 2019, p. 25. 

  3. Observatory on the Penal System and Human Rights (OSPDH), “Resumen del informe anual sobre el aislamiento y tortura en las cárceles turcas”, February 2024, pp. 4-6 (in Spanish). 

Disciplinary sanctions can be imposed as a collective punishment

no
i

Prisoners must demonstrate ‘good behaviour’ in order to be granted a sentence adjustment. Disciplinary sanctions suspend ‘good behaviour’ status. For example, placement in solitary confinement suspends the status for six months to one year1 after the execution of the confinement period.

Minors may have their release postponed for up to 60 days as a disciplinary sanction (Law n° 5275 on the Enforcement of Sentences and Security Measures, Articles 45-46).


  1. Civil Society in the Penal System Association, “Handbook for Foreign Prisoners”, 2019, p. 52. 

Solitary confinement can be used as

  • punishment 
  • protection  
  • security measure
i
Law n° 5275 on the Enforcement of Sentences and Security Measures](http://www.mevzuat.gov.tr/MevzuatMetin/1.5.5275.pdf), Article 44; Civil Society in the Penal System Association and European Prison Observatory “2019 Prisons of Turkey Report”, p. 8.

Prisoners may be held in ordinary isolation cells or in padded cells.1 The latter are used to prevent prisoners from harming themselves.

The Human Rights Foundation of Turkey (HRFT) reports that solitary confinement is sometimes used as a form of torture. Most complaints received regarding this matter come from prisoners held in high-security prisons.2 The Human Rights Association (İHD) reports several cases of psychosomatic and mental health disorders resulting from solitary confinement.


  1. Civil Society in the Penal System Association, “CİSST Annual Report on Prisons 2021”, p. 31. 

  2. Human Rights Foundation of Turkey (HRFT), “Treatment and Rehabilitation Centres Report 2022”, 2023, pp. 91-92. 

Solitary confinement is decided

-

Solitary confinement as a disciplinary sanction is decided by the disciplinary board with approval from the execution judge and a doctor.

The duration for placement in solitary confinement is limited

yes, to 20 days

i

The placement in solitary confinement for disciplinary reasons must be divided into two sets of 10 days. The length between the two sets may vary. In practice, prisoners may be subject to disciplinary sanctions for successive periods of isolation extending over several months. The Human Rights Foundation of Turkey (HRFT) reports that some prisoners are subjected to solitary confinement lasting up to 140 days.1

Isolation in a padded cell is limited to two days. In practice, this measure is often subject to renewal.


  1. Human Rights Foundation of Turkey (HRFT), “Treatment and Rehabilitation Centres Report 2022”, 2023, pp. 91-92. 

Solitary confinement can be extended

-

Multiple solitary confinement disciplinary measures may be imposed consecutively, leading the total duration to exceed the 20-day limit.

The solitary confinement measure is subject to regular review

no

Prisoners in solitary confinement receive regular medical care

yes

Prisoners must be examined by a medical practitioner prior to and during placement in solitary confinement. This sanction may be postponed or executed at intervals if deemed necessary by a medical practitioner (Law n° 5275 on the Enforcement of Sentences and Security Measures, Article 48). A medical examination generally takes place on the 10th day of isolation and determines the length of the break before carrying out the second 10-day period.

A solitary confinement cell must measure at least 9 m2 with a window of 0,75 m2. The cell must have adequate ventilation, a shower and a toilet (Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, Article 120).

İHD reports that there is virtually no difference between ordinary solitary confinement cells and individual cells in high-security facilities.

Padded cells are monitored by cameras 24 hours a day. Prisoners are not allowed to possess any objects.1 Cameras may also be present in ordinary solitary confinement cells.


  1. Civil Society in the Penal System Association and European Prison Observatory “2019 Prisons of Turkey Report”, 2019, p. 8. 

Prisoners in solitary confinement are entitled to one hour per day in open air (Law n° 5275 on the Enforcement of Sentences and Security Measures, Article 44). Prisoners may also read a book during this time (Regulation n° 2324 on the Management of Penal Institutions and the Execution of Penalties and Security Measures, Article 120). In practice, the duration of open air exposure can vary from one prison to another, ranging from four hours to none at all.

Prisoners in solitary confinement cannot participate in activities, work1 or training.


  1. Dr. Sharon Shalev, “Mapping Solitary Confinement”, p. 17. 

Prisoners cannot make telephone calls or communicate with their family while in solitary confinement.1 They retain the right to meet with their lawyer (Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, Article 120). However, this provision is not upheld in practice.


  1. Dr. Sharon Shalev, “Mapping Solitary Confinement”, p. 17.