'Political Prisoners Should Not be Excluded from Prison Release over Coronavirus'

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Rights defenders, lawyers and civil society organizations have called on the government to include political prisoners in an amendment to the law on criminal execution aiming to reduce the number of prisoners to prevent the Covid-19 disease from spreading in prisons.

After reports emerged last week that the ruling Justice and Development Party (AKP) has been working on a law proposal regarding the issue, AKP Parliamentary Group Deputy Chair Mehmet Muş on Friday (March 20) confirmed to the state-run Anadolu Agency that they planned to submit the proposal to the Speaker's Office of the parliament this week, after discussing it with other parties.

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Although Muş did not disclose any details about the proposal, multiple reports citing AKP sources said that those who are imprisoned for offenses related to terrorism, drugs, sexual abuse and for repeating crimes are not planned to be released from prisons.

Three separate statements by more than 50 organizations called on the government to release prisoners, especially those at higher risk.

"Those who exercised freedom of expression should be released"

The Human Rights Joint Platform, which includes Amnesty Turkey, the Human Rights Foundation of Turkey (TİHV), the Human Rights Association (İHD), the Citizens Assembly (hCA), Association for Monitoring Equal Rights and Rights Initiative Association, stated on Saturday (March 21) that all prisoners who were sent behind bars for exercising their freedoms to expression and assembly should be released unconditionally.

All prisoners who have not been convicted should be released upon judicial control measures, it also said.

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"The right to health is a right that must be implemented for everyone within a state's sovereignty regardless of their status. States are responsible for the care of prisoners. The state is responsible for prisoners for all preventable health disorders caused by inadequate health measures or hygiene, nutrition, space, heating, lighting, ventilation, physical activity and social contacts.

It noted that there were nearly 300 thousand prisoners in Turkey and that the overcrowding in prisons would cause infectious diseases to spread.

Prisoners above 60 years of age and having chronic diseases, who known to be at higher risk for Covid-19, and imprisoned mothers who stay in prisons with their children should also be released, the statement said.

"Excluding political prisoners in unacceptable"

Six lawyers' organizations, the Contemporary Lawyers' Association (ÇHD) İstanbul Branch, Lawyers for Democracy, Participatory Lawyers, Kartal Lawyers' Association, the Social Law and the Association of Lawyers for Freedom (ÖHD) on March 22 released an open letter to the Ministry of Justice.

The letter noted that nearly 300 thousand inmates, 150 thousand public employees who work at prisons and their families are under risk due to the outbreak.

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"It is within the knowledge of the society that prisoners are extremely disadvantaged in terms of access to nutrition, cleaning and medical treatment because of the density of prisons. Because of the outbreak, prisoners' life, physical and mental health are at higher risk than ever. The restrictions on visits imposed as a measure affect the mental health of prisoners even more negatively, making the prisoner unprotected against the violations of rights in prisons," the letter said.

"Excluding political prisoners by abandoning the principle of constitutional equality is unacceptable," the letter said, referring to the law proposal to release prisoners. "What is essential is removing the grave unjust results of executional political trials of political dissidents, rights defender lawyers, human rights activists, journalists by non-independent courts."

It also called for the release of ill prisoners, women inmates who are in prison with their children, and prisoners above 40 years of age.

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The letter said that all prisoners who are remanded in custody should be released upon judicial control measures by considering that arrest is not a punishment but a measurement.

"Convicts should be released through the practice of suspending execution as a precautionary measure and by using effective judicial control mechanisms. In order to protect the right to life and health in prisons, adequate and balanced nutrition needs should be met, prisons should be disinfected regularly, and the right to hygiene and health should be provided without delay."

"We are concerned that certain groups will be excluded"

Forty-seven civil society organizations, including PEN Turkey, the 78ers Initiative, the Turkish Writers' Union (TYS), and the Platform of Union for Democracy, released a statement today (March 23), addressing the Speaker's Office of the Grand National Assembly and the Ministry of Justice.

"The world is facing an enemy that doesn't bar nation, class, religion, women, children, the youth, the elderly, criminal, innocent. Thousands of people have died in the epidemic of the coronavirus, which threatens entire humanity. The growth and spread of the outbreak are inevitable. It is known that the way to protect against the virus and prevent its spread is isolation in a hygienic environment," the statement said, adding that nearly 300 thousand prisoners are facing life risk in overcrowded and unhygienic prisons.

"It is understood that the government, which takes this situation into consideration, intends to reduce the density in prisons by legislation on criminal execution. However, we are concerned that there will be an implementation that will exclude certain crimes and groups, especially political prisoners and convicts.

"As stated in many international conventions and supranational court verdicts, most notably in the article on the right to health in the United Nations Convention on Economic, Social and Cultural Rights, the deprivation of prisoners from life and health conditions cannot be the case under any circumstances or for any offense." (EMK/RT/VK)