HDP Objects to Bill on Criminal Enforcement

* Photo: İdris Emre Savman - Ağrı /AA

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Peoples' Democratic Party (HDP) has expressed a dissenting opinion to the legislative proposal on criminal enforcement, which will be debated at the General Assembly of the Parliament tomorrow (April 7).

"The Bill of Law Foreseeing Amendments to the Law no. 2/2762 on the Execution of Sentences and Security Measures and Some Laws" was approved by the Parliamentary Justice Commission on April 3.

Noting that the bill of law foresees important amendments, the HDP has underlined that "these important amendments are extremely far from conforming to universal legal norms and democratic criteria."

The dissenting opinion of the party has stressed that the legislative proposal in question does not include the Anti-Terror Law.

"Prisons are full of journalists, politicians, academics, lawyers and students who only expressed their opinions and voiced a minimum dissent on social media," the party has reminded and added, "The reason for that is the anti-democratic penal codes, especially the Anti-Terror Law."

The dissenting opinion of the party has also raised concerns that ill prisoners are faced with a grave risk due to the coronavirus outbreak.

Release in Iran and Italy, statement in Turkey

The HDP has described the condition of prisons in Turkey as follows:

"With the declaration of the pandemic by the World Health Organization (WHO), various country-based measures have been, Italy and Iran have evacuated prisons without differentiating offenses.

"In Turkey, the Ministry of Justice has indicated that no COVID-19 cases have been detected in prisons so far, contenting itself with the statement, 'Thermometers, masks and gloves have been provided. Technical works have been undertaken by listening to all parties. Convicts and arrestees are in the care of the state, great care is being taken for their health.'

"After the outbreak appeared in the country, a ban on visitation has become one of the measures taken in prisons. However, the possibility of the virus being contracted from outside was ignored and it was not considered that not only visitors, but prison personnel could also carry the virus to prisons.

"Following public pressure for the evacuation of prisons, the prevention of prison personnel from leaving the penal institution as a precaution has come up. However, at this point, the fact that the virus has already spread in prisons, such a striking detail as this, has been ignored.

"However, this ignored detail leads to an extremely deadly consequence. While millions of citizens have been, so to speak, in a house arrest as a precaution and while departures from the country have been halted and even getting a permission has been stipulated for departures from provinces, it needs explanation why prisoners who have no suspicion of escape are not provided with the opportunities of release.

'Immune systems of ill prisoners cannot stand it'

"There are hundreds of ill prisoners behind bars and their immune systems are not in a condition to tolerate a possible COVID-19 infection.

"Moreover, inadequate hygiene conditions in prisons, the overcrowding in wards and limited means of nutrition pose a risk to prisoners in terms of current epidemic disease. If an urgent solution is not developed, it is only a matter of time before irreversible damages arise.

"Considering the spreading algorithm and effect of the current outbreak, the relatives of prisoners are as worried as prisoners themselves. If an urgent measure is not taken and prisoners are not released, unexpected new wounds will open in society and prisoners in prisons will be the subject of the capital punishment, which is thought to be abolished.

'Prisons are very risky for epidemic diseases'

"According to 2020 data, there are 282, 703 prisoners in 355 prisons and the occupancy rate of prisons is as high as it has never been in Turkey.

"While the number of people staying in wards is way over the capacity, prisons are extremely risky areas for epidemic diseases, considering that prisons, under their normal conditions, already cause diseases as a result of insufficient nutrition, prison wards that are not heated or ventilated, inability to benefit from the daylight, lack of physicians and healthcare personnel, the long time necessary for medical examination and referral, sale of hygiene products for a fee, inability to access clean and hot water and inability to benefit from regular and effective health services."

'Release arrested, convicted people immediately'

The HDP has explained what needs to be done in following words:

"Instead of making a comprehensive law foreseeing amendment to the penal codes, it must be ensured that the arrestees and convicts are immediately released with judicial control measures, supervised release or similar sanctions and a common accord must be reached by waiting for suitable conditions to introduce permanent legal amendments.

"A text must be prepared on the basis of a consensus reached by bar associations, civil society organizations and parties and the missing points and mistakes in current laws must be corrected accordingly. Otherwise, the amendments to be introduced will only enable a particular group to be released, which will be in obvious contradiction with the principle of equality." (AS/SD)