Justice Ministry issues new procedures to facilitate release of ill prisoners

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The Justice Ministry has issued a new circular regarding the reduction or abolition of sentences due to illness, disability or aging.

The eight-article circular sent to chief public prosecutors allows the authorities to determine such persons' health conditions, without the requirement of a request by them.

According to article 104 of the Constitution, the president has the authority to reduce or abolish a convict's sentence. With the new procedure, the Justice Ministry will pass such cases to the president without delay.

The circular comes after the death of retired Lieutenant General Vural Avar in prison. The 85-year-old former officer had dementia.

Ill prisoners in Türkiye

Last year, 73 prisoners died across Türkiye, according to MP Ömer Faruk Gergerlioğlu. Causes of 34 deaths were recorded as suicide.

According to the 2021 Council of Europe Criminal Statistics Reports, Türkiye has the second-highest number of prisoners globally, with approximately 300,000 people behind bars. According to Human Rights Association (İHD) Central Prisons Committee, there were 1,517 ill prisoners, with 651 in critical condition, as of April 2022.

At least 50 ill prisoners died in prisons or shortly after being released in the first eight months of the year, according to the Lawyers for Freedom Association (ÖHD).

Article 16 of the Enforcement Law, amended by Law No. 6411 in 2013, states that "enforcement of sentences for prisoners, who cannot live on their own under prison conditions due to a critical sickness or disability and evaluated to pose no threat to public safety, can be deferred until they recuperate as per the procedure set forth in the third paragraph." However, the İHD notes that this provision is not actually implemented. (HA/VK)