Türkiye
31.07.24
Blog

"Despair is not an option"—a lawyer defends the rights of prisoners in Türkiye

Nagehan Avçil has fought for prisoners’ rights in her country, Türkiye, for nearly a decade.

For nearly a decade, Nagehan Avçil has fought for prisoners’ rights in her country, Türkiye. As a lawyer and executive at the Association of Lawyers for Freedom (Özgürlük için Hukukçular Derneği-ÖHD), she sheds light on the unlawful detention conditions, including torture and ill-treatment, she has encountered in Turkish jails, as well as her own daily struggles as a lawyer dedicated to the protection of human rights.

The 2016 coup attempt in Türkiye and the subsequent state of emergency saw a surge in human rights violations. As a lawyer, I couldn’t remain silent, so I dedicated myself to the struggle for human rights, particularly for those affected by the crackdown.

How does your organisation, the Association of Lawyers for Freedom, help prisoners?

Our association’s prison commission visits jails monthly, or bi-monthly during crises, to document rights violations. In 2019, for example, there was a hunger strike in prisons, so we intensified our visits to ensure prisoners' rights to life and health. We continue our advocacy and legal actions despite facing unlawful disciplinary penalties and imprisonment due to arbitrary reports by prison administrators.

What violations can be encountered in Turkish prisons?

Prisoners often face unfair punishments. They are regularly put in solitary confinement or denied early release for no legal reason, with prison officials extending their imprisonment without any basis. These practices, particularly for those with aggravated life sentences, take away their hope and violate their human dignity, highlighting the need for strict oversight.

Founding member of the Kurdistan Workers' Party (PKK) Abdullah Öcalan is held in solitary confinement in Imrali Island Prison under conditions that are unprecedented globally. He is denied the right to see his lawyer, a right protected by Turkish law and international treaties Türkiye has signed. He is also prevented from meeting with his family and guardian. Although this is justified by claims of disciplinary penalties, lawyers cannot access these penalties, and Öcalan cannot appeal the decisions. Furthermore, Turkish law states that solitary confinement should not prevent a prisoner from seeing their lawyer. Therefore, the rights violations at Imrali Island Prison highlight a troubling trend in Turkish prisons, where mistreatment, torture, and isolation are spreading to other facilities.

How does solitary confinement affect prisoners?

Imagine spending time in a seven-square-metre cell, alone, with no contact with anyone, without seeing the sun. In Türkiye, this practice is used as a punishment for prisoners. One of our clients was left in solitary confinement for as long as 20 days, leaving him with lasting psychological scars. In cases of aggravated life sentences, prisoners can even be isolated indefinitely. This is without a doubt torture.

What obstacles do you encounter while documenting rights violations in prisons?

Lawyers face arrest and prosecution for prison visits. In addition to that, documenting torture is challenging since prison administrations hinder medical referrals. When prisoners are beaten, they are not brought to a doctor until their wounds and bruises have faded and healed. Requests for urgent measures are often delayed, complicating efforts to hold authorities accountable.

There are many rights violations in Turkish prisons, and as a lawyer, you may face threats of prosecution and arrest when identifying, reporting, and pursuing legal actions regarding these abuses. The latest example is lawyer Şüheda Ronahi Çiftçi, a member of our association ÖHD, who was arrested in Antalya province in February. Lawyer Ronahi visited prisons to document rights violations and submitted her reports to the Antalya Bar Association Human Rights Center and the Human Rights Association. Despite these reports being shared publicly multiple times, Ronahi has been unjustly detained for four months, solely for conducting these visits. In Türkiye, fighting against rights violations in prisons often leads to judicial harassment, as exemplified by the case of lawyer Şüheda Ronahi Çiftçi.

What role can international human rights organisations play in addressing these problems?

International organisations must amplify the plight of prisoners in Türkiye and exert pressure on the government. The sheer number of prisoners and the systemic issues they face are outrageous. Global advocacy and interventions are crucial to ensure accountability and reform in the country.

Are you hopeful for the future of human rights in Türkiye?

Hope is essential in our struggle. If we are hopeless, we spread this hopelessness to prisoners. This is why despair is not an option, and we will continue our efforts to ensure justice and dignity for those incarcerated.