Turkey amends prison regulation, replacing 'strip search' with 'detailed search'

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With the legal amendment published in the Official Gazette today (November 12), the expression of "strip search" has been omitted from the Regulation on the Administration of Penal Institutions and the Execution of Sentences and Security Measures".

The regulation dated November 11, 2021 and foreseeing the amendment of the previous regulation has been signed by President and ruling Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan.

The expression of "srtrip search" has been replaced by "detailed search" in the amended version of the regulation.

CLICK - 'Naked Search' Verdict by Constitutional Court

In the lawsuit filed by Chamber of Architects İstanbul Büyükkent Branch EIA Advisory Board Secretary Mücella Yapıcı and her daughter-architect Cansu Yapıcı, three police officers have been standing trial on charge of "torture" over the practice of strip search.

Lawyer Gökmen Yeşil from the Progressive Lawyers Association (ÇHD) previously told bianet the following about the legislation:

"Suspects in detention centers such as police stations and security directorates as well as arrestees, convicts and even visitors in prisons are subjected to strip search. When we look at the legal grounds of this practice, we see that there is no regulation pertaining to strip search in either the Law of Police Powers (PVSK) and Code of Criminal Procedure (CMK) or in the Law on the Execution of Sentences and Security Measures."

Emphasis on 'sense of shame'

With the recent amendment, the sentence of "Respect for human dignity is essential in searches and counts" has been changed as:

"Respect for human dignity and honor and non-violation of the sense of shame is essential in searches and counts. All necessary measures shall be taken within this scope."

The following provision in the Article 34/2 of the Regulation has also been amended: "In the event that there are reasonable and serious indications that the convict has a material or possession on his or her which is forbidden to bring in or have inside the institution and if it is regarded as necessary by the top official of the institution, a search may be conducted naked or in body cavities in compliance with the below mentioned procedures."

The expression "...in the event that a detection is otherwise impossible" has been added after the expression "serious indications that..."

Minutes to be taken down after the search

Another condition added to the regulation is that "a disposable apron is given to the convict during the search."

It has also been made obligatory to "take down minutes after a 'detailed search' and that both the one who was searched and the one who searched him or her have their signatures on the minutes to be taken."

What happened?

Strip search, an issue which has long been on the agenda of rights organizations, came to the Parliamentary agenda this year.

Peoples' Democratic Party (HDP) Kocaeli MP and Human Rights Investigation Commission member Dr. Ömer Faruk Gergerlioğlu made a speech at the Parliament in February and announced that strip searches were carried out in detention centers and prisons in Turkey.

Gergerlioğlu also said that he was awaiting apology from the ones who said that there was no strip search in prisons.

Ruling AKP Parliamentary Group Deputy Chair Özlem Zengin dismissed the allegations and responded to Gergerlioğlu's remarks in a speech at the Parliament: "When you strip search a woman, she expresses her unease with this immediately. She doesn't wait for a year. An honorable woman, a moral woman does not wait for a month."

After these remarks sparked a public outcry, she said, "The fact that there is this practice does not mean that it is a matter of human rights violation. I don't say that there is no such search in Turkey. If there is such an issue, then, take the trouble and file a complaint."

At his speech in the group meeting, main opposition Republican People's Party (CHP) Chair Kemal Kılıçdaroğlu also reiterated Gergerlioğlu's allegations about "strip search" and said that "they were all true."

Afterwards, the Ankara Chief Public Prosecutor's Office announced that an investigation was launched against the ones who alleged on social media that there was strip search in Turkey's prisons. The related people faced charges related with the "FETÖ" or "Fethullahist Terrorist Organization", which is held accountable for the failed coup attempt on July 15, 2016. (AS/SD)