Restrictions of visits
The changes in regulations, announced on 28 July, are as follows:
* Law-enforcement officers will decide whether visitors of detained or imprisoned persons are "objectionable" and whether a visit will be allowed.
* MPs will only be allowed to visit prison if they are working in relevant commissions in parliament. In addition, they will not be able to visit political prisoners and detainees.
The TIHV has denounced these changes as a step backwards in the prevention of torture and as an opening for further rights violations.
Visits can prevent torture
It pointed to a case in 1995, when MP Sabri Ergül visited the Manisa Police Headquarters and witnessed the torture of 14 young men. As a result, one chief superintendent and 10 police officers were punished. The young men were then acquitted of writing on the walls, hanging up banners illegally.
Changes unlawful
The TIHV warned of the probable results of changes:
According to Article 9 of the regulations, detainees and prisoners were allowed to nominate three visitors as well as other people in extraordinary cases. There were no limitations.
The new regulations say that detainees and prisoners must specify the three visitors, and that the law-enforcement officers would decide within 10 days whether to allow visits from these people.
This means that now visitors are also under the control of the security forces. This violation of basic rights and freedoms is incongruous with the principle of lawfulness.
The concept of "an objectionable person" has been written into a law, but this status can only be decided by a judge. According to the new regulations, security forces, not the judiciary, will decide on the status of a person.
Collecting information on a person can only be accepted with legal decisions, and the right to privacy is also threatened. Even if personal information is collected within a legal framework, it is vital that the information is used appropriately. This rule is also violated.
Collecting information about a visitor of a detainee or prisoner also violates the principle of the presumed innocence of that person. It is not possible to collect information about a person who has not been complained about or has been acting suspiciously.
The changes in regulations have been interpreted as a reaction to the election of pro-Kurdish MPs into parliament. (TK/AG)
