Craft unions and intellectuals made a call to “End Isolation”

December 12, 2006 in Behic Asci, DISK, F Type, Gulcan Goruroglu, Hak-Is, Hunger Strike, IHD, Isolation, KESK, Sevgi Saymaz, TIHV, TTB

In Turkey, since 19th-22nd December 2000, particularly in F-type (high-security) prisons and other, similar prisons, detainees and convicts have been placed in single cell or small group isolation cells (3 inmates together), in other words, an execution model that isolates prisoners is being applied.

Fundamental and inalienable rights of detainees and convicts, such as right to a legal defense, outdoor exercise periods, reading, family visits, contact with other prisoners, dressing, availability of health-care facilities have been restricted and even sometimes these rights have been completely obstructed due to “treatment”-the name of the model- that violates the international agreements, the standards and the applications

Apart from the negative issues mentioned above, this model most importantly has harmed the prisoners’ and convicts’ physical health, psychological unity, cultural and political identity permanently and it is still continuing to harm.
A member of the Istanbul Bar Council Behic Asci started the death fast on 5 April 2006 to put an end to the practices mentioned above and to draw the attention of public opinion to this matter and he is still continuing. There are other detainees and convicts who are on the death fast for this purpose. The health conditions and existence of all of them are in danger and they are approaching death.

Over six years Medical Association, Bar Councils of Ankara and Istanbul, Chamber of Architects assessed the drawbacks of the system and submitted reports. The aim of the 4 December 2006 Marmara Istanbul briefing is to emphasize the sensitivity of the professional associations, the Confederation of Trade Unions, and intellectuals about this matter.

We believe that, the permanent solution to this matter is a working group —including the Ministry of Justice, bar councils and professional associations — to investigate the scope of this matter and possible solutions. Until fundamental and comprehensive solutions are found arrangements must be made according to current legislation.
Ministry should abandon the insistent of maintaining the existent model with the justification of the requirements of legislation of execution, national execution policy, security by two reasons. First of all, there is no possibility of leading any minor infirmity of the suggested solution in the outside or inside security of the prison. Secondly, as it was declared clearly in the United Nations Complete Principles “any situation that can be practiced in order to justify torture or any kind of persecution, inhumane or degrading treatment can not be accepted as just and legal.” The argument of infirmity in security should be removed from the agenda because it is unrealistic and cannot be accepted with the justification of bad treatment.
High security closed prisons and execution organizations were formulated with law no 5275 article 9. The sentence;

“The doors of rooms and corridors are constantly closed, but in the situations stated in legislation there can be a contact with the convicts in other rooms and outer environment”

that is in the first section is used as justification for a permanent isolation.
Ministry of justice should accept the questions in F type prisons that are defined in different terms such as “lack of social contact”1, “inadequacy of social events outside the cell”, “isolation based on the type of crime2” and the questions that are resulted from the regime of execution in this prisons that is based on “single isolation” and “triple small group isolation”

The opportunities that the existing adjustment provides us are obvious.
Principle adjustment in terms of “conditions stated in legislation” is made in the 34. Article of law no 5275 that is mentioned in the 9. Article of law no 5275 stated above. That is to say, when the doors will be opened in closed prisons and how the prisoners can contact with each other is arranged in this article. In the second section of the article it is stated that “Convicts can not contact with the convicts in other rooms and authorities of the organization other than the situations mentioned above.”

First article; natural disaster, forwarding to hospital and similar contact condition is listed and then in article (f) “ the needed condition experienced by prison administration ”
is enough to contact prisoners or to open the doors between them. The same arrangement is explained in 45/1 (f) article of the regulation of execution number 2006/1021 as “the needed conditions as seen by institution administration” there is no other condition more necessary than this.

In such a case; in F type prisons during the day (between morning and evening roll calls ) shutting units that open to the same corridor can be opened and social contact can be provided between certain times for up to 9 (nine) prisoners in accordance with articles 5275/9, 34/1 (f), can be seen as “required acceptable conditions”.
This solution does not necessitate any security matter and legislation and architectural modifications and it is obligatory for transition to humane practices. Until the joint determination of the matter and evaluation studies that are pursued by the concerned professional associations and execution administration have been concluded, the Ministry of Justice must take steps to increase good will. Consequently, with these measures, the severe and extensive protest actions against the applications in F type prisons which have been lasted for 7 years can be ended.

04.12.2006 ISTANBUL

Turkish Confederation of Revolutionary Trade Unions (DISK Chairman)
Suleyman CELEBI
Turkey Medical Association (TTB Chairman)
Gencay GURSOY
UNION OF CHAMBERS OF TURKISH ENGINEERS AND ARCHITECTS (TMMOB Chairman)
Mehmet SOGANCI
Confederation of Public Employees’ Trade Unions (KESK Chairman )
Ismail Hakki TOMBUL
Confederation of Turkish Real Trade Unions (HAK-IS)

Final declaration was signed by:

01 Ahmet TULGAR
02 Ali ARAYICI
03 Ali ERDOGAN
04 Alp SELEK
05 Arif DAMAR
06 Aslı TUNCER
07 Asude YARDIMCI
08 Ataol BEHRAMOĞLU
09 Atilla KART
10 Ayça ÖRER
11 Ayşe DÜZKAN
12 Barbaros TANTAN
13 Belda KERİMGİLLER
14 Bilgesu ERENUS
15 Binali GERÇEK
16 Birol TOPALOĞLU
17 Bülent KURT
18 Durmuş İLİKSİZ
19 E.Elif AKSU
20 Edip AKBAYRAM
21 Erol EKİCİ
22 Ertuğrul MAVİOĞLU
23 Eşber YAĞMURDERELİ
24 Faik KESTEKOĞLU
25 Faruk ALTAN
26 Feyyaz YAMAN
27 Fikret BAŞKAYA
28 Fikret İLKİZ
29 Filiz KOCALİ
30 Grup YORUM
31 Gülsüm KARACAN
32 Günay KUBİLAY
33 Güngör GENÇAY
34 Hasan KIVIRCIK
35 Hatice UÇUM
36 Hazel IŞIK
37 Hürriyet ŞENER
38 Hüseyin USTA
39 Hüseyin YEŞİL
40 Hüseyin Yüksel BİÇEN
41 İsmail YURTSEVEN
42 Kamber SAYGILI
43 Kemal AYTAÇ
44 Kenan AKSU
45 Mehmet ARSLAN
46 Mehmet ESATOĞLU
47 Mehmet KARAGÖZ
48 Mehmet UÇUM
49 Merdan YANARDAĞ
50 Metin COŞKUN
51 Mukaddes E.ÇETİN
52 Nazmi TÜMERDEM
53 Nebile Irmak ÇETİN
54 Necdet OKCAN
55 Nevzat KARAKIŞ
56 Nilüfer AKBAL
57 Nilüfer TAŞKIN
58 Nurettin ŞİRİN
59 Olcayto ART
60 Orhan AYDIN
61 Pınar SELEK
62 S.Refika KADIOĞLU
63 Sacit KAYASU
64 Salih YILMAZ
65 Selami İNCE
66 Sergül YOLCU
67 Seyda SELEK
68 Şanar YURDATAPAN
69 Şinasi HAZNEDAR
70 Taha PARLA
71 Tarık AKAN
72 Ulaş AK
73 Vedat SAKMAN
74 Vedat TÜRKALİ
75 Veli ŞİMŞEK
76 Yalçın ERGGÜNDOĞAN
77 Yeliz MUTLU
78 Yılmaz TEKİN
79 Yusuf ÇETİN

Note: The chairman of HAK-IS, Mr. Salim Uslu, who was the one of the organizers of the briefing, could not participate, due to the death of his father.
Also, the presidents of the Istanbul and Ankara Bar Chamber because of the meeting of Bar Association on 04.12.2006 at 11:00, which was planned before the briefing, could not participate. They shared their afflictions and desires via telegraph.

Source: www.tecritekarsi.com