‘We make a detailed search if there is reasonable suspicion’

* Photo: Anadolu Agency - Archive

Click to read the article in Turkish

After Peoples' Democratic Party (HDP) Kocaeli MP and Parliamentary Human Rights Investigation Commission member Ömer Faruk Gergerlioğlu announced that 30 female university students were subjected to strip search at the Uşak Security Directorate, the Directorate General of Prisons and Detention Houses has released a written statement.

The statement of the directorate has indicated that if there are reasonable and strong signs suggesting that the person will take a forbidden substance or object with him or her into the institution and when it is seen necessary by the institution's top executive, a "detailed search" is done.

'Detailed search'

Referring to the related articles of the regulations on "visits to convicts and arrestees" and the circular of the Directorate General of Prisons and Detention Houses dated June 6, 2017, the directorate has shared the following information about detailed search:

"Regardless of one's title and duty, everyone has to pass through the sensitive door while entering the institution. In the event of a warning given by the sensitive door and detectors or a suspect insisting on entering the institution, the related persons are subjected to a physical search by hand.

"The arrestees and convicts admitted into the institution are first made to pass through the sensitive door and a search by detectors within the frame of the general rules. They are then subjected to a physical search of their bodies and clothes. A search carried out in this manner generally suffices for the convict and arrestee to be admitted to the institution.

"A detailed search is carried out when, despite the general search procedure, there is reasonable and strong suspicion that the person will take a forbidden substance or object with him or her into the institution.

"The detailed search is carried out in such a way that the sense of shame of the arrestee and convict is not violated; the detailed search is conducted by two personnel of the same sex in a room which is allocated entirely for search and cannot be seen from outside.

"During the search, the clothes on the upper body are taken off and the clothes on the lower part are taken off after the former is put on again. A disposable apron is given to the related person during these procedures.

"The necessary attention is paid to not touch the body during the search. The arrestee and convict is first requested to take out and submit the forbidden material or object himself or herself. Otherwise, the detailed search is carried out by the physician when a search in the body pits is necessary.

"The detailed search is completed in the shortest possible time."

'Exceptional case'

The statement of the directorate has noted that "the major aim of the detailed search is to protect the life, security and health of other arrestees and convicts" and added that detailed search is an exceptional practice.

"In such cases, the principles of necessity and proportionality are considered," the statement has read, stressing that "the practice indicated as 'strip search' in the legislation is a form of search carried out in detail and in no way conducted while the arrestee or convict is completely naked."

'Zero tolerance for arbitrary, ill treatment'

According to the statement of the directorate, a detailed search is accepted by international organizations and implemented in several countries.

The directorate has also noted that there are Constitutional Court decisions and European Court of Human Rights (ECtHR) judgements indicating that a detailed search can be conducted.

Arguing that the UN and the Committee of Ministers of the Council of Europe also accept detailed search, the directorate has said that prisons can be inspected by different organizations and institutions.

Reiterating that detailed search is an "exceptional practice" and done "with respect for the person's privacy and dignity", the statement has indicated that "the persons arrested or convicted of drug- or terror-related crimes can be prevented from abusing their own bodies with this method."

Concluding its statement, the Directorate General of Prisons and Detention Houses has said that "these practices are executed with a mindset of zero tolerance for arbitrary and ill treatment" of the persons.

AKP's Zengin said 'there was no strip search'

Ruling Justice and Development Party (AKP) Parliamentary Group Deputy Chair Özlem Zengin previously said that the allegations of strip search voiced by HDP's Gergerlioğlu were "lies." Speaking to Euronews about the issue, Zengin argued that Gergerlioğlu was "terrorizing the Parliament."

"In no way do I believe that there is strip search in Turkey, there is no such thing," said Zengin, adding that "it was a method of the FETÖ," which is held responsible for the failed coup attempt on July 15, 2016.

Indicating that Gergerlioğlu was "talking about pious women" in making these allegations, Zengin asked, "I am a person who has spent her entire life with women's struggle, can we allow such a thing? Can we show tolerance in the face of women being searched like this?"

"Prison conditions in Turkey are so good that they cannot be compared with other countries," she added. (EKN/SD)