A/HRC/37/50/Add.1
34.
The Special Rapporteur appreciates the clarifications made by the Government in
relation to the practices, in its press release of 17 December 2016, 8 and recognizes that
there may be situations when such searches are required. However, given that any such
search creates an inherently delicate situation marked by a significant risk of abuse, body
searches should be avoided and, to the extent possible, less intrusive measures for detecting
the entry of illegal objects should be used. Whenever body searches are unavoidable,
authorities must be particularly careful to ensure that they are conducted in a respectful
manner, consistent with the person’s human dignity, with the right to privacy, and with the
absolute prohibition of cruel, inhuman or degrading treatment.
C.
Conditions of detention
1.
Overview
35.
At the time of the visit, Turkey was reported to have 373 penitentiaries and detention
facilities 9 with an approximate capacity of 180,000 inmates, 10 1,264 police stations with
1,197 lock-ups, 2,012 custodial areas in the internal security units of the gendarmerie, and
303 lock-ups under 81 provincial public security branch offices, with a total of 52,000
guards.11
36.
The attempted coup and the subsequent mass arrests reportedly led to an influx of
42,083 detainees12 into the detention system, taking the prison population in Turkey up to
203,255 (which is ordinarily around 150,000, including 51,000 persons detained for
terrorism-related offences and 2,255 persons detained in connection with organized
crime).13 By a decree of 17 August 2016, approximately 44,000 inmates were released to
accommodate the new arrivals. Nevertheless, the massive influx of detainees led to
overcrowding in many facilities and significantly increased the proportion of pretrial
detainees. The Special Rapporteur took note of the latest figures provided by the Ministry
of Justice in June 2017 indicating that Turkish prisons were holding more than 224,878
individuals, which further compounded the risk of overcrowding. 14
37.
In the course of his visit, the Special Rapporteur visited the Sincan prison complex
in Ankara, including its F-type high security section and its female detention facilities, the
D-type high-security and E-type closed prisons in Diyarbakır, including the male, female
and juvenile sections, the counter-terrorism police holding cells in Şanlıurfa, two police
stations in Esenler, Istanbul, and the closed No. 9 prison in the Silivri Penitentiaries
Campus in Istanbul.
38.
In general, the facilities visited were purpose-built detention centres, and in terms of
infrastructure were adequately equipped. Overall, conditions of detention were found to be
satisfactory or, at least, acceptable in the circumstances, save for the particular problems
observed under the headings below.
2.
Overcrowding
39.
All the facilities visited, except the Silivri Penitentiaries Campus in Istanbul, were
significantly overcrowded, with occupancy ranging from 125 per cent to more than 200 per
8
9
10
11
12
13
14
8
Press release on the preliminary observations of the Special Rapporteur, available at
www.judiciaryofturkey.gov.tr/Press-Release-on-the-Preliminary-Observations-of-Nils-MELZER-theUN-Special-Rapporteur-on-Torture.
Figure as per the Special Rapporteur’s meeting with a representative of the General Directorate of
Prisons and Detention Houses on 28 November 2016.
Figure as at 18 February 2016, provided by the General Directorate of Prisons and Detention Houses.
Figures as per the Special Rapporteur’s meeting with a representative of the General Directorate of
Prisons and Detention Houses on 28 November 2016.
Figure as at 4 January 2017, provided by the Ministry of Justice to the Parliamentary Coup
Investigation Commission.
Figures as per the Special Rapporteur’s meeting with a representative of the General Directorate of
Prisons and Detention Houses on 28 November 2016.
See www.cte.adalet.gov.tr.