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"First, I want to think this: I don't believe that such an unequal attitude will be adopted. I don't want to believe that this package will pass in its current form. We are going through a global crisis and we know how unhealthy places prisons are. In an interview last month, my mother said that mouses were scurrying around in the ward."
It is how Evin Jiyan Kışanak, the daughter of imprisoned politician Gültan Kışanak, comments on the 3rd Judicial Reform Package, which is expected to introduce amendments to the law on execution and will allegedly exclude political prisoners from reduced prison sentences.
Gültan Kışanak is a politician from the Peoples' Democratic Party (HDP). She has been behind bars since October 2016. With the outbreak of new coronavirus (Covid-19) pandemic, prisons have become more dangerous for thousands of political prisoners behind bars across Turkey like Gültan Kışanak, who also suffers from chronic diseases.
While the 3rd Judicial Reform Package is expected to introduce reduced prison sentences, thereby paving the way for the release of 100 thousand people, the amendment will allegedly exclude political prisoners.
'Our right to phone call hindered as well'
Evin Jiyan Kışanak denounces the regulation and says:
"It is incomprehensible that the regulation to be introduced will exclude political prisoners, it is horrible. I don't want to believe it. The last time we met was on March 8. A ban on visitation has been imposed. Limitations have been imposed on prisoners' relatives and attorneys.
"They said that they would increase phone calls, but we cannot speak on the phone twice a week. 'Because it was decided this week, they couldn't organize it', we were told. We are faced with a system that cannot organize a phone call, how will they protect peoples' hygiene and health conditions? There are several ill prisoners, my mother has chronic diseases."
'No one should stay silent'
Underlining that hygiene products are not provided to prisons in sufficient amounts, Kışanak continues as follows:
"I have learnt that they don't give hygiene products. She is worried about us and we are worried about her. They have given them wet wipes as protection. They have not even given them eau de cologne.
'Political prisoners also have the right to be with their families'
"Lawyers, rights organizations, several people... We must take action as soon as possible. No one should stay silent. Some lawyers are making individual applications, we will see what will come out of them.
"We don't want too much, we want equal conditions for everyone. We want equal rights. The prison sentences of a vast majority of these people have not been upheld. They are not even convicts. They can be released to house arrest or with electronic bracelets, without a need for a legal regulation.
"While we are talking about an outbreak where people older than 65 cannot go out, we should not forget about people in prisons. They also have the right to be with their families. I find it brutal and cruel to prevent it."
'Those unlike us cannot empathize'
Hülya Oruç, the wife of journalist Aziz Oruç, is equally outraged about the exclusion of political prisoners from the legal regulation. Journalist Oruç has been behind bars since December 2019.
"The unjust treatment we are faced with is so great that my words don't suffice to express it", his wife Hülya Oruç tells bianet:
"I don't know how to start... The unjust treatment we face aside, an investigation has been launched against me for sharing messages of support for my husband. I don't know how the process will proceed. Injustice... An utter injustice... One needs to react against it, no one should stay silent. But, society, politicians... Everyone is quiet. Because the ones behind bars are our loved ones and so long as they cannot empathize and because they do not do anything, the ones not like us will never understand us."
'We want equality'
Hülya Oruç also says that imprisoned journalist Aziz Oruç's right to access healthcare is prevented in prison:
"Aziz wants to see a doctor for 2.5 months now, but he constantly receives a negative answer. For instance, why... I mean, why do we have a problem like this? Why don't they make it happen? I hope our fears won't come true. If you release some due to outbreak, then you must also release political prisoners. We want equality. Don't be unfair to political figures, at least in a time like this. A little bit of justice, a little bit of conscience..."
'Every passing minute is valuable'
Dismissed Diyarbakır Metropolitan Mayor Dr. Selçuk Mızraklı, the husband of Zeynep Mızraklı, has also been behind bars since October 2019.
Mızraklı tells the following to bianet:
"As you have said, the fair thing to do is to release all prisoners as a precaution against the virus. People can try to struggle against the virus with their 'own state of emergency' at their homes.
"He was already arrested by an unfair verdict. I want him to be released as soon as possible. In such a period when every passing minute is valuable, I believe that they need to be released as soon as possible."
'Leaving Ahmet behind bars equal to murder'
Behind bars since September 2016, journalist and writer Ahmet Altan's brother Prof. Dr. Mehmet Altan has slammed the package as follows:
"Freedom of expression is the essence of democracy. If this regime wants to resume its own oppression by destroying freedom of expression, we can also say that it wants to continue keeping innocent, but dissident people in prison. Iran and Egypt did the same thing, too.
'Insistence on regime of authority, oppression'
"It is really interesting that Turkey has acted in the same way in preparing its legal regulation on execution. I see an insistence on the regime of authority and oppression by disregarding freedom of expression. This draft law foresees no measures for convicts, I mean, for arrestees... Journalists, politicians... None of them is convicted.
"You take measures against corona, but you say that they can die of it they are arrested. It is horrible. As far as I understand, it is not a corona measure, but an effort to reduce the prison population to maintain the anti-democratic structure of the regime. There is an attitude like 'Freedom for drugs, coronavirus for journalists behind bars.'
"Ahmet Altan has been held behind bars on an empty file for years, it is incomprehensible. They have sentenced him to 10.5 years in prison. Turkey is also making efforts to prevent his file to be discussed at the ECtHR. If you are so sure that Ahmet Altan is guilty and you declare him as such, let the ECtHR examine his file, then. Why do you hinder it?
"Ahmet is 70 years old. Leaving him behind bars would be equal to murder."
'You get disappointed when if wait what has to happen'
Özge Terkoğlu, the wife of journalist Barış Terkoğlu, who was arrested three weeks ago, also says the following to bianet:
"It is said that Barış is arrested for violating the law on National Intelligence Organization (MİT) The comment in the accusation part is an exaggeration. He is arrested despite the lack of conditions for arrest.
"They are arrested based on common statements. Normally, they should benefit from this law on execution. But, I still cannot be sure. The negative experiences that we have had prevent us from expecting anything.
'They need to undo this mistake'
"When we look at the law, we must be hopeful. Because there is an unjust arrest. They should benefit from this process the most. I have experiences where completely political processes followed one another. I am thinking about all these, but also try not to be hopeful. You get disappointed when you expect what has to happen.
"With the unjust arrest they undertake, they are taking on a huge responsibility. They are taking on a huge responsibility in terms of health. There is an epidemic disease. There are people, including my husband, who should not be arrested in any way in the first place. Their families cannot see them. It is a huge responsibility. They need to undo this mistake."
About the Legal Regulation on ExecutionThe legal regulation foresees that the prison sentences given for offenses committed before March 1, 2020 will be reduced by half and probation will be implemented for 3 years for once only. Moreover, on the condition that he or she is not "the leader of an [illegal/terrorist/armed] organization, every ill prisoner over 60 will be released on probation and the time of probation will be 4 years for these people. Also, a practice of execution at home will be adopted, which will make it possible for the old and pregnant to serve their prison terms at their homes. The amendment foreseeing the right to appeal against the sentences on charge of "praising terrorist organizations" as per the 7/2 of the Anti-Terror Law (TMK) has been omitted from the package. The rate of sentence reductions in repeat offenses has remained unchanged despite criticisms. |
(EMK/SD)