All prisoners held in closed prisons and not working outdoors are entitled to spend at least one hour a day in the open air (Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, Article 92).

In practice, most prisoners can access an outdoor courtyard adjacent to their cell during daylight.¹ Prisoners held under high security regimes can access fresh air outside their cell from one to one and half hours per day.²

Space and equipment for physical exercise must be provided to the extent possible (Law n° 5275 on the Enforcement of Sentences and Security Measures, Article 87).

The infrastructures available vary across prisons. At Çanakkale E-Type Closed Prison, prisoners can use the indoor and outdoor gym, equipped with table tennis, volleyball, basketball, badminton, darts and squash.¹ At Bayburt M-Type Closed Prison, prisoners can use an indoor sports field. The outdoor field is available once every 15 days.²

When there is overcrowding, designed places for physical activities and sports are less accessible.³

Political prisoners are not always allowed to use the infrastructures at the same time as the rest of the prisoners.⁴

The Law n° 5275 on the Enforcement of Sentences and Security Measures states that “prisoners may not be obliged to work” (Article 114). It is completed by the Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures stating that “prisoners may be asked to work, however cannot be compelled to do so“ (Article 139).

All prisoners incarcerated in open prisons have to work unless they benefit from a doctor’s exemption.¹ The Civil Society in the Penal System Association (CİSST) reports that prisoners who are required to work and resist this obligation might be subject to disciplinary sanction, including being sent back to a closed prison.²³ CİSST further reports that some groups may be negatively or positively discriminated against. For example, cases have been reported where Black prisoners have been prevented from handling food under the pretext that they are unsanitary. By contrast, wealthy prisoners or prisoners with other privileged social status have benefited from placement in open prisons without having to work.

Prisoners must undergo a physical and mental health evaluation to determine their suitability for employment in a prison workshop (Law n° 5275 on the Enforcement of Sentences and Security Measures, Article 29).

Prisoners sentenced to aggravated life imprisonment are banned from working.¹ Children may only participate in educational and vocational training. Youth (18-20) may not be employed in workshops during the academic year (Article 29).

In 2022, the HREIT reported that 33 prisoners were deprived of access to work, at Bayburt M-Type Closed Prison, as a result of a disciplinary sanction.²

Türkiye ratified the Forced Labour Convention, 1930 (No. 29), on 30 October 1998.

Working days are generally up to 7.5 hours with a maximum of 45 hours a week.¹ For prisoners employed in workshops, the Regulation n° 2324 on the Management of Penal Institutions and the Execution of Penalties and Security Measures states that the Workshop Management Board “is responsible and authorised (…) to decide on proposals for overtime work at the workplace” (Article 29).

The Human Rights and Equality Institution of Türkiye (HREIT) reported in 2020 that prisoners at Elmadağ Women’s Open Penitentiary Institution working in the staff cafeteria worked between 07:00 and 23:00. There were no breaks, sometimes even for lunch.² 

Prisoners working in open prisons are entitled to days off.³

Prisoners can be paid on a piecework basis. In carpet workshops, the remuneration depends on the quality of the carpet, the number of stitches and the prisoner’s position.¹ 

Working prisoners are covered by a specific social security system (Regulation n° 2324 on the Management of Penal Institutions and the Execution of Penalties and Security Measures, Article 85). Their relatives cannot benefit from this system.¹ Contributions are deducted from wages. Prisoners contributing to this system can receive an incapacity allowance in case of “work accident, occupational disease or maternity” (Article 102). 

Prisoners who wish to contribute towards their retirement must take out voluntary insurance. The Civil Society in the Penal System Association (CİSST) reports that the monthly cost of this insurance is higher than the average wage received by prisoners.² In practice it is difficult for prisoners, especially those convicted to a long sentence, to retire.³

Prisoners working in in-house services receive allowances that are not subject to social contributions.

The safety of prisoners working outside the facility should be ensured by their employer, who is “responsible for the legal liability of work accidents and occupational diseases”Regulation n° 2324 on the Management of Penal Institutions and the Execution of Penalties and Security Measures, Article 83). Prisoners employed inside prisons shall be covered by insurance against occupational diseases and work accidents Law n° 5510 on Social Insurance And Universal Health Insurance, Article 5).

General labour law is not applicable to prisoners. They typically do not have personal protective equipment when working jobs exposed to risk hazards.¹ The Human Rights and Equality Institution of Türkiye (HREIT) reported in 2022 that prisoners at Çanakkale E-Type Closed Prison did not receive any health and safety training.²

Civil society organisations report that the right to education is not always guaranteed by the prison administration.¹²

The cost of pursuing higher education is an obstacle for prisoners that cannot receive financial support. They have to pay for registration costs, studying material and transportation to examinations. Prisoners can apply to the Social Assistance and Solidarity Foundations for financial support. The number of prisoners receiving help from the Foundations is not made public. CİSST reports that the applications of political prisoners are always rejected.³⁴

According to the Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, “the highest supervisor of the institution and the teacher shall take necessary measures for them to learn how to read and write”(Article 14). 

Literacy programmes are the only ones offered inside the facilities.

People incarcerated in open prisons can attend school or university within the municipality where the facility is located. They may leave the prison to take their exams - if they are authorised to do so and accompanied by external security guards. They can also take exams from prison when a computer is available.¹

Distance courses are available to prisoners in closed and high security prisons.¹ Access to these depends on the availability of computers.² Lectures are available through the UYAP e-platform. Prisoners can also request universities to send learning material and exams. Universities do not always provide these.³

Some facilities have radios in common spaces. Prisoners can purchase their own (Law n° 5275 on the Execution of Criminal and Security Measures, Article 67).

Prisoners can purchase press titles or access them free of charge. These must authorised by the prison administration (Law n° 5275 on the Execution of Criminal and Security Measures, Article 62). Guards may confiscate press titles without prior justification.¹

Prisoners at Bayburt M-Type Closed Prison, for example, can obtain daily newspapers through the canteen and monthly magazines from the outside.²

Some organisations provide educational or training support, or legal services. The Civil Society in the Penal System Association (CİSST) reports that, since the state of emergency declared in 2016, individuals or organisations from the outside are rarely authorised to participate in prison activities.

Prisoners are allowed to make use of financial resources within the limits of a sum determined by the prison administration.¹ Prisoners frequently complain of lack of supply, poor quality of products and high prices.²

For instance, in December 2023, Murat U. M. reported that his wife, incarcerated in Bakirköy prison, could use a maximum of 1,500 TL (45.58 EUR) per week, which is insufficient to meet basic needs.

Prisoners have to pay for the electricity consumption of their electronic equipment (television, refrigerator, samovar, etc.), with the exception of lighting.³

The administration does not provide financial or in-kind support to destitute prisoners for purchase of everyday items or basic necessities..¹²

Prisoners that can justify from an insufficient financial situation are not required to pay for transfer expenses (Regulation n° 2324 on the Management of Penal Institutions and the Enforcement of Sentences and Security Measures, Article 127).