‘Law on Criminal Enforcement is Against Principle of Equality, It Should be Annulled’

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Peoples' Democratic Congress (HDK) Executive Board released a written statement regarding the law on criminal enforcement today (May 7).

The Law Foreseeing Amendments to the Law no. 7242 on the Execution of Sentences and Security Measures and Some Laws passed the General Assembly of the Parliament and entered into force after being published on the Official Gazette on April 15, 2020.

After around 90 thousand people have been released from prisons based on this law, the main opposition Republican People's Party (CHP) has appealed to the Constitutional Court and requested the annulment of the entire law in terms of form considerations and the stay of its execution.

The General Assembly of the Constitutional Court examined the appeal against the law on criminal enforcement on procedural grounds and has decided to proceed to an examination as to the merits.

'Principle of equality before the law is violated'

In its statement entitled "Prisoners in Turkey are under the threat of COVID-19 and a new Prison Release Law", the HDK has note that the newly enacted law on criminal enforcement is against the principle of equality in execution. Some highlights from the statement are as follows:

"In April 2020, the ruling Justice and Development Party (AKP) and its coalition ally the Nationalist Movement Party (MHP) expedited a criminal justice reform to release about 90,000 prisoners and mitigate the spread of the pandemic in prisons.

"But the reform violated the principle of equality before law as it excluded political prisoners, despite the objections voiced by opposition parties, NGOs, human rights organizations and medical institutions.

'Over 40,000 political prisoners still behind bars'

"There are over 40,000 political prisoners in Turkey, most of whom are Kurdish politicians, MPs, mayors, journalists, civil society representatives, academics, and left-wing activists. Majority of them are charged with terrorist acts, due to the vague and ever-growing definition of terrorism in the country.

"While these people are put at a grave risk of contracting COVID-19, the recently enacted criminal justice reform allowed the release of those convicted of murder, sexual offence, migrant smuggling, embezzlement, bribery, fraud, organized crime, hate and discrimination offences, tender-rigging and child abduction.

'Prisoners' basic rights obstructed even further'

"Yet this is not the only consequence for the political prisoners. The legal reform also introduced new jail protocols that will obstruct the prisoners' basic rights even further.

"The new protocols allow prison administrations to limit inmates' access to press, restrict prison visits by families and lawyers, prevent them from attending their hearings at court, and impose punishments outside penitentiary grounds.

"Thus, the legal reform in question was introduced less as a protective measure to secure all prisoners' right to life than a punitive measure to suspend certain prisoners' basic rights and freedom.

'Impossible to keep social distance in prisons'

"It is almost impossible to implement necessary social distancing to curtail the spread of the pandemic in Turkish prisons.

"World Health Organization considers people over 60 years old as well as those with underlying medical issues such as cardiovascular disease, diabetes, heart and lung diseases, immune system disorder, chronic respiratory disease, and cancer as high-risk groups for COVID-19.

"The continuing incarceration of hundreds of political prisoners with such underlying disease violates the principle of equality before law, as guaranteed by the Constitution's Article 10.

'Court should rule in favor of right to life'

"Given that incarceration is considered an exceptional measure by all international and human rights conventions to which Turkey is a party as well as by its domestic laws, we demand that all prisoners, regardless of crimes they are convicted, be released on probation or put under house arrest.

"We repeat that political prisoners should be released. We remark that the legal reform should be modified according to the principle of equality in execution as dictated by the 5275 of Law on Execution.

"The Constitutional Court should immediately rule that the discriminatory implementation of the legal reform is against the Constitution. The Constitutional Court should act as an impartial institution and rule in favor of right to life, right to health before law.

"We believe that it is vital for international human rights organizations to initiate solidarity and action plans against this discriminatory legal reform that jeopardizes the lives of thousands of prisoners." (AS/SD)