There are three types of prison in Turkey: closed, semi-open, and open. A further distinction is made between ordinary closed prisons and high-security prisons. Many prisons have separate blocks (or wings) for women and some also for children (juveniles), but there are also some prisons which are exclusively for women or children. Prisoners in Turkey must be divided, as per law, into remand prisoners (those being held in pre-trial detention) and convicted prisoners (whose sentences are being carried out). In practice, they are held in the same wards and cells.[1]
History
In the Ottoman Empire prisons were called dungeons (zindan). In Turkey, these were mostly dark and damp towers.[2] The first prison was built in Sultanahmet quarter of Istanbul and it was called general prison (Hapishane-i Umumi).[3]
Besides the death penalty the Penal Code of 1858 included three different types of sentences: rowing on a galley (kürek), pillorying (prangabentlik) and imprisonment in a tower (kalebentlik).[4]
The Penal Code of 1 March 1926 (Law 765) made a difference between heavy crimes and corresponding sentences (ağır suç and ağır ceza) and light crimes (hafif suç and hafif ceza). Besides offences (cürüm) there is a separate law on infringements (kabahat). By Law 5349 dated 11 May 2005 the differentiation between light and heavy sentences was lifted.
Between 1980 and 2000
On 12 September 1980 the military seized power in Turkey and the five generals (General Staff) announced martial law in all of the then existing 67 provinces. Members of armed and unarmed left and right organizations that had been engaged in bitter fighting were charged at military courts and in some places held in military prisons. The military prison of Mamak, in Ankara, Metris Prison (in Istanbul) and Diyarbakır Prison[5] (often called the hell of Diyarbakır) gained notoriety.
Because of the large number of prisoners new prisons were built. In a report of November 1988, Amnesty International said that the number of prisons had increased to 644 and their capacity had been raised from 55,000 to more than 80,000.[6] Since 1986 relatives of prisoners organized in the Human Rights Association (HRA) or in groups in solidarity with certain prisoners such as TAYAD).[7] With their help the prisoners tried to make their demands for improved prison conditions for which they frequently went on hunger strikes
In April 1991 Law 3713 on Fighting Terrorism (called Anti-Terror-Law, ATL) was passed. Article 16 provided that all prisoners charged under this law had to be held in high security prisons.
In 1996 the political prisoners succeeded in their objection to be transferred to the first high security prison in Eskişehir (it was called "special type prison"). Their Hunger strike resulted in the death of 12 prisoners. In 2000 a similar action against the high security prisons (now called F-type Prisons) was not successful, although the death toll was much higher.[9] There are currently 13 F-type prisons (14, if the prison on İmralı Island is added) and two D-type prisons (also high security prisons). The prison population statistics show an immense rise from the year 2000 through 2016.[10] In 2000, the combined number of imprisoned individuals was 49,512.[10] In the year 2016, that number has increased to 200,339.[10] On this date, the rate of incarceration was 285 prisoners per 100,000 Turkish residents.[10] In November 2018, the total incarceration rate increased to 260,000 people.[10] This number incorporates pre-trial convicts.[10] The prison population rate is 318, this number is per 100,000 of the national population.[10] An estimated national population of November 2018 is 81.68 million.[10] The maximum space of the prison system is 220,000 possible detainees as of November 2018.[10] As of November 2018, the occupancy level is at 118.2%.18.2% over capacity.[10]
Facts and figures
According to the General Directorate for Penal and Arrest Centres (Ceza ve Tevkifevleri Genel Müdürlüğü, part of the Ministry of Justice) 384 prisons existed in Turkey as of 1 December 2008. 346 of them were closed and 28 were open prisons. In addition there were three closed and one open prison for women and three correctional centres for children. For the same date the number of prisoners was given as 103,296; among them 44,038 on remand and 59,258 convicts.
On the homepage of the General Directorate for Penal and Arrest Centres figures on prisoners can be found on the number of prisoners for each year. The Human Rights Foundation of Turkey has included such figures in their annual reports.[11]
Year
Convicted
On remand
Total
Ordinary
"Terror"
Sum
Ordinary
"Terror"
Sum
1990
27,731
1,642
29,373
14,488
1,745
16,233
45,606
1991
10,652
395
11,047
14,760
1,044
15,804
26,851
1992
12,301
522
12,823
15,597
3,062
18,659
31,482
1993
14,300
847
15,147
14,681
4,977
19,658
34,805
1994
15,787
1,094
16,881
15,638
6,412
22,050
38,931
1995
20,371
1,637
22,008
17,058
7,025
24,083
46,091
1996
24,651
2,328
26,979
17,697
6,207
23,904
50,883
1997
32,155
4,179
36,334
19,346
4,926
24,272
60,606
1998
31,647
4,239
35,886
19,670
4,835
24,505
60,391
1999
37,986
6,145
44,131
19,953
3,497
23,450
67,581
2000
20,378
4,467
24,855
20,467
4,190
24,657
49,512
2001
22,425
5,116
27,541
24,886
3,182
28,068
55,609
2002
25,514
5,123
30,637
25,928
2,622
28,550
59,187
2003
28,554
4,161
32,715
29,605
1,976
31,581
64,296
2004
23,840
2,170
26,010
30,302
1,618
31,920
57,930
2005
22,765
2,093
24,858
29,475
1,537
31,012
55,870
2006
24,220
2,116
26,336
42,222
1,719
44,141
70,477
2007
34,852
2,418
37,608
47,091
2,102
53,229
90,837
2008
42,234
2,540
45,207
50,470
2,899
58,028
103,235
Meanwhile, the statistics also include the category "crimes to increase profit" (tr: çıkar amaçlı suçlar, meaning organized crime, punishable according to Article 220 of the Turkish Penal Code). Since 2010 the cases that could not be attributed to a specific group were also included.[12]
The following figures were presented for 31 March 2012:[14]
Group
On remand
Under review
Convicted
Total
Ordinary
29,890
17,597
72,022
119.509
Terror
4,643
481
3,846
8,970
Organized crime
1,283
389
522
2,194
Unspecified
457
42
1,197
1,696
Total
36.273
18,509
77,587
132.369
In June 2010 Justice Minister Sadullah Ergin answered a question tabled by Batman deputy Bengi Yıldız. He stated that between 2010 and 2015 a total of 86 new prisons with a capacity of 40.026 prisoners were to be built.[15]
Prison types
Using the official material of the General Directorate for Penal and Arrest Centres the Democratic Turkey Forum prepared a table on prisons in Turkey as of October 2008. Further details have been included as "particulars".
[16]
Sinop E-type Prison
Type
Number
Capacity (single)
Capacity (complete)
Particulars
A
21
24-30
792
Prisons built in district between the 1950s and 1970s. There are 4 wards (koğuş), bathroom, kitchen, library and a conference hall.
A1
16
24-40
508
Further to type A: there are two cells and room next to the wards that can be used as a kitchen.
A2
17
40
744
5 wards and 2 disciplinary cells.
A3
31
60
2,295
6 wards.
B
16
64
1,068
7 wards and 2 disciplinary cells; each ward has its own exercise yard (havalandırma).
C
7
164-300
1,696
8 wards and 4 disciplinary cells.
D
2
750
1,732
11 blocks, one block for administration; 230 rooms (cells). Block E is for communal use (laundry, library etc.). The lower floors of block H and L consist of disciplinary cells. The first and second floor of block G have 10 rooms each for observation (müşahade) on arrival. This block also has two infirmaries with 10 beds each. These prisons are built on the system of individual cells and cells for three people.
Built on two floors based on the ward (koğuş) system and later changed to rooms for 2, 4, 6, 8 and 10 persons. Each room has its own exercise yard. The lower floors are for eating; the upper floors are the dormitories.
Built on two floors on the room (cell) system. There are 200 individual cells and 100 cells for 3 persons.
K1
83
60
3553
They are found in districts with 4 wards and 2 disciplinary cells. Each ward has its own exercise yard.
K2
24
60-150
1,446
Like type K1 with 6 wards and 2 disciplinary cells.
L
16
15,084
Closed prisons, built in big cities in place of old prisons. There are units for 7 people measuring 208.93 m2 (2,248.9 sq ft) in total, cells have 12.45 m2 (134.0 sq ft), exercise yards have 165.19 m2 (1,778.1 sq ft) and common living space is 56.59 m2 (609.1 sq ft). Cells are closed at night; during the day 7 prisoners are together. There are 61 units for 7 people, 4 rooms for 3 people and 40 individual cells.
M
24
9,107
These prisons that were built on two floors in the ward system, cells for 4, 6, 8, 10 people were made. Each room has its own exercise yard. The prisons have 6 disciplinary cells.
They were built in big cities in place of old prisons. There are 72 rooms for 8 prisoners, 8 rooms for 3 prisoners and 16 individual cells of 16 sqm. The (living and sleeping) room for 3 people measures 27 m2 (290 sq ft). The sleeping space for 8 people (upper floor) is 28 m2 (300 sq ft) and the living space (lower floor) 32.5 m2 (350 sq ft). For the exercise 8 people have a yard of 35 m2 (380 sq ft) und 3 people of 30 m2 (320 sq ft). The sports hall measures 494 m2 (5,320 sq ft) and outside 251 m2 (2,700 sq ft). There is space for 450 people during open visits and 36 people for closed visits. Room for 32 lawyers meeting their clients exists.
F(o)
1
350
350
open prison for women
F(c)
Paşakapısı
closed prison for women; Paşakapısı and Bakırköy are in Istanbul
District close to Ankara, 24 units for 12 people each, 12 units for 3 people each, 28 individual cells.
K(c)
3
366
closed prison for children
K(e)
3
100-250
360
education centre for children; juveniles aged 12 to 18 are held here. In case an education was continuing at the age of 18 permission can be given to stay longer (up to the age of 21).
On 6 March 2008 a report was published on a visit to the island between 19 and 22 May 2007.[20] This was the fourth visit. In conclusion the CPT said (in para 31.): Abdullah Öcalan has now been imprisoned, as the sole inmate of the High-Security Closed Prison of Imralı - an island which is difficult to reach - for almost eight and a half years. Although the situation of indisputable isolation to which the prisoner has been subjected since 16 February 1999 has had adverse effects over the years, the CPT's previous visits had not revealed significant harmful consequences for his physical and psychological condition. This assessment must now be revised, in the light of the evolution of Abdullah Öcalan's physical and mental condition."
During visits to other facilities the CPT marked certain shortcomings. The report of 8 December 2005[21] (on a visit in 2004), for instance, included the following recommendations:
staff at Izmir (Buca) Closed Prison and the E-type prisons in Aydın and Gaziantep to be given a firm reminder that the ill-treatment of inmates is not acceptable and will be the subject of severe sanctions; it should be made clear to them that prisoners who breach discipline must be dealt with exclusively in accordance with existing disciplinary procedures and that any form of unofficial punishment will not be tolerated (paragraph 50).
the Turkish authorities to take all necessary steps to develop the communal activity programmes at Izmir F-type Prison No. 1, in terms of both the range of activities on offer and the number of prisoners engaging in those activities; in this connection, the remarks made in paragraphs 57 and 58 to be taken fully into account (paragraph 59);
immediate steps to be taken to ensure that every prisoner at Aydın and Gaziantep E-type Prisons has his/her own bed (paragraph 63);
the necessary steps to be taken to ensure that occupancy rates in all prisoner accommodation units at Aydın and Gaziantep E-type Prisons are of a reasonable level (paragraph 63);
the level of hygiene in prisoner accommodation areas at Gaziantep E-type Prison to be reviewed (paragraph 63).
^Highest to Lowest. World Prison Brief (WPB). Use dropdown menu to choose lists of countries by region, or the whole world. Use menu to select highest-to-lowest lists of prison population totals, prison population rates, percentage of pre-trial detainees / remand prisoners, percentage of female prisoners, percentage of foreign prisoners, and occupancy rate. Column headings in WPB tables can be clicked to reorder columns lowest to highest, or alphabetically. For detailed information for each country click on any country name in lists. See also the WPB main data page and click on the map links and/or the sidebar links to get to the region and country desired.
^The statistics of the General Directorate for Penal and Arrest Centres start in 1970 at the address http://www.cte.adalet.gov.tr/istatistikler/yillar1.asp. The pages are ordered for 10 years each so that the years 2000-2009 can be found at "yillar4.asp".
^In the table these categories are presented as "organized" and "unclear".
^The figures could be found on 20 May 2012 at "Archived copy". Archived from the original on 2012-03-26. Retrieved 2012-05-20.{{cite web}}: CS1 maint: archived copy as title (link) (in Turkish). On the same page it was mentioned that the capacity at the end of March 2012 did not cover 7,096 places.
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