Grant early release from overcrowded prisons without discrimination
Brussels-Geneva, March 31, 2020 – While welcoming thecurrent intentions in the Grand National Assembly of Turkey on the earlyrelease of prisoners due to the COVID-19 pandemic, the OMCT Europe urgeslegislators to not discriminate against any group of inmates on the basis ofpolitical opinion, ethnic, racial, religious differences or human rightsactivism.
A draft bill currentlydiscussed by lawmakers to reduce prison overcrowding in the context of theCOVID-19 outbreak could lead to the early release of up to 100,000 prisoners.With a current prison population of 286,000, the penitentiary system of Turkeyis designed to host no more than 200,000 inmates. In addition to overcrowding,concerns over detention conditions have repeatedly been raised by both localand international bodies, such as the Council of Europe or the United NationsCommittee against Torture, among others.
An effort to reduce theprison population is a welcome step at all times, but especially whenovercrowded prisons risk becoming a tinderbox for a pandemic putting prisonersand penitentiary staff at grave risk.
However, the draft lawwill exclude thousands of inmates on trial or sentenced for non-violent crimes- notably speech offenses included under the country’s notorious terrorismoffenses or crimes against the State legislation - including journalists, purgevictims and human rights defenders.
Terrorism charges havesystematically been used to imprison and silence journalists, lawyers,political opponents and human rights defenders. The exclusion of thesecategories of inmates from any early conditional release will constitutediscriminatory treatment towards certain groups of prisoners, and violateTurkey’s international obligations, including under the European Convention onHuman Rights and the International Covenant on Civil and Political Rights.
Last week, the UnitedNations High Commissioner for Human Rights Michelle Bachelet had remindedStates that “[n]ow, more than ever, governments should release every persondetained without sufficient legal basis, including political prisoners andothers detained simply for expressing critical or dissenting views”.
The OMCT Europe callson the authorities of Turkey to:
1. Start the release of the prisonersimmediately in light of the rapidly growing danger from the spread of COVID-19,without reservations or discrimination based on their political, ethnic orprofessional background.
2. Secure equality of treatment to allgroups of prisoners while executing the early release.
3. Release all prisoners that have notcommitted any acts of violence, including speech offenses, such as human rightsactivists and political prisoners, without further delay.
4. Ensure the well-being of all otherprisoners in the country, mitigate the impact of physical distancing in andoutside the prison through other ways of online communications, ensure fullaccess to legal counsel if need be through modern technology, and provideaccess to health services without discrimination in line with internationalstandards.
We will continue tomonitor the situation in Turkey and act to support the respect for the right topublic health, human rights and fundamental freedoms.
OMCT Europe is an affiliate organisation of the World OrganisationAgainst Torture (OMCT) supporting its goals and objectives in Europe, Turkeyand Central Asia as well as before the European institutions. The OMCT workswith over 200 member organisations which constitute its SOS-Torture Network, toend torture, fight impunity and protect human rights defenders worldwide.Together, we make up the largest global group actively standing up to torture.Helping local voices be heard, we support our vital partners in the field andprovide direct assistance to victims. Our international secretariat is based inGeneva, with offices in Brussels and Tunis.
For more information,please contact:
Iolanda Jaquemet,Director of Communications
+41 79 539 41 06