ISTANBUL - Lawyer Destina Yıldız said that the Administrative and Observation Boards put themselves in the place of a court and said: "Board members consist of people who give disciplinary punishment to prisoners and impose strip searches. This causes more violations."

 

The "Regulation on Observation and Classification Centers and Evaluation of Convicts" prepared by the Ministry of Justice came into force in January 2021. After the regulation came into force, Administration and Observation Boards (IGK) were established in prisons. The board members consist of the prison prosecutor, the prison director, the second director responsible for observation and classification, the administrative officer, the prison physician, a psychiatrist, a psychologist and a personnel of another title working in the psycho-social assistance service, a teacher, the chief warden and technical personnel. The board in question prepares a report on whether the prisoners whose sentences have been finalized are of "good behavior". In line with this report, it is decided whether the prisoner will benefit from the rights of conditional release and supervised release.

 

Following the establishment of the boards, the release of many prisoners was postponed for 3 or 6 months each for reasons such as "using too much electricity and water", "not going to the board", "not having regrets", "not taking books from the library", "beating the door".

 

According to Human Rights Association (IHD) data, the release of at least 384 prisoners was prevented between 2021 and 2023 on the grounds of "lack of good behavior". Legal organizations consider this situation as the "second time punishment" of the prisoners.

 

Destina Yıldız, member of the Prisons Commission of the Istanbul Branch of the Association of Lawyers for Freedom (ÖHD), evaluated the decisions made by the committees.

 

'THEY PUT THEMSELVES IN THE PLACE OF THE COURT'

 

Yıldız pointed out that after the boards were established, the release of prisoners who were given aggravated life imprisonment was prevented and said:  "Imprisonment until death is envisaged. However, the European Court of Human Rights (ECHR) suggested that, within the scope of the 'right to hope', these people must be brought before a board for certain periods of time and their 'good behavior' must be evaluated and their release must be brought to the agenda. In this regard, there needs to be committees, especially in long-term prison sentences. However, today its implementation in Turkey is very different from the ECHR's recommendation and is implemented in a much more unfavorable way. The boards have now become an institution that completely prevents the release of prisoners. By putting themselves in the place of a court again, they cause the prisoners to be punished once again within the punishment."

 

'DECISIONS HAVE NO LEGAL ASPECT'

 

Yıldız pointed out that the boards became active during the period when political prisoners sentenced to life imprisonment started to be released, and therefore said that the boards had a political aspect. Yıldız pointed out that there is no legal justification for their decisions and said: "First of all, the regulation states that a board must convene and the prisoner must appear before the board. But in our meetings with different prisoners in prisons, there is no mention of appearing before a board. It is generally said that a psychologist or sociologist in the prison comes and an interview is held regarding the file. It is stated that some questions are then asked, and sometimes even evaluations are made only based on the files. Here too, an imposition of regret is usually made. Apart from that, many different and arbitrary questions can be asked. For example, questions such as ‘What does the Sun mean to you, what do you see Abdullah Öcalan as?" are asked. That's why the decisions taken by these boards have no legal aspect.”

 

'THE BOARD MUST CONSIST OF INDEPENDENT PEOPLE'

 

Yıldız stated that the boards must consist of independent people. Yıldız said: "The people who make up the board consist of people who impose disciplinary punishment on prisoners, impose strip searches, beat them, and raid and plunder the wards. In line with their opinions, it is evaluated whether the prisoners will benefit from conditional release. This shows that these people will not make impartial and independent decisions. If there is to be such a board, the members of the board must be more independent and impartial, people who have received legal education outside the prison. The fact that the members of the board are people who restrict the fundamental rights and freedoms of the prisoner and cause rights violations causes more rights violations."