Execution of Sentences
The aim of this study is to shed light on how the access to justice needs of convicts serving their sentences in correctional institutions (prisons) and detainees held as a precautionary measure, as decided by the competent and authorized bodies, are met.
Once a detainee or convict is brought to prison by law enforcement, they are completely isolated from their daily civilian life. Outside of prison, the prisoner abandons their daily routines and activities according to their status. If they are a father, they leave their fatherhood; if they are a civil servant, their job; if they are a worker, their business; if they are a businessman, their company; if they are a student, their student life. These activities and social statuses cannot remain outside of prison. The prisoner enters prison with these responsibilities and statuses. Along with the anxieties and thoughts stemming from these responsibilities, the prisoner must also deal with the trial that led to their conviction. If the prisoner is a detainee, they will want their trial to conclude quickly. If they are a convict, they will want to know their parole dates and when they will be transferred to an open prison – on probation. On the other hand, the prisoner may also be subjected to unfair practices in prison. If the prisoner believes these practices are illegal, they will want to appeal to the relevant authorities. How can a prisoner, who cannot move freely and alone anywhere outside their cell, overcome all these problems?
Almost all of these problems mentioned are related to access to justice. A convicted or detained prisoner has only one way to manage their trial and other legal matters outside of prison: representation by a lawyer whose expertise and experience they can trust.
Access to Justice in Correctional Institutions
After being brought to the prison by the police or gendarmerie, depending on their area of responsibility, the detainee or convict is handed over to the prison staff according to certain rules. At this stage, the prisoner undergoes a health examination by the prison doctor. If the prisoner has no health problems that would prevent their admission to the prison, they are admitted. If the prisoner has a health problem and no report of physical assault has been obtained, they are not admitted to the prison. In this case, at the request of the prison administration or the convict or detainee, the person must undergo a medical examination at a fully equipped hospital.
According to Article 46 of the Regulation on the Management of Penal Institutions and the Execution of Penal and Security Measures (CGTİHT), after a prisoner is admitted to prison, their person and belongings are searched. This first step marks the beginning of the prisoner's experience with access to justice in prison. Specifically, if a prisoner believes any practice is unjust or unlawful after being admitted to the institution, they can apply to the Enforcement Court or the Public Prosecutor's Office to which the institution is affiliated to initiate an investigation. According to the Law on Enforcement Courts, prisoners can appeal against any practice in prison. The judicial authorities to which prisoners can appeal against prison administration practices, in order of priority, are: the Enforcement Court, the High Criminal Court (in places with more than one, the second High Criminal Court is used), the Constitutional Court, and the European Court of Human Rights.
After a body search and belongings check, the prisoner, who is then placed in a temporary cell, begins to suffer from a veritable lack of legal knowledge. The prisoner is unaware of prison procedures, laws that could be very important to him, and their application. In return for all this, the only thing demanded of the prisoner at this stage is obedience.
After a search of the prisoner's person and belongings, the prisoner is taken to a temporary room (reception room) where they are interviewed by the institution's psychologist and doctor. Following these interviews and subsequent evaluations, the prisoner is placed in a permanent cell or ward according to their crime group and individual characteristics.
After a prisoner is taken to their permanent cell or ward, they are given information about the rules of the place and the institution. This A4-sized document lists warnings such as not damaging property or shouting slogans, and outlines the sanctions for violating these rules. However, this information does not contain sufficient legal knowledge to meet the prisoner's legal needs. It only states that the prisoner has the right to petition and can write petitions to official institutions.
Termination of Sentence and Finality Notice
The sentence document contains information about the length of time the convict will spend in prison. A prisoner cannot benefit from conditional release until their sentence document reaches the prison. In other words, the longer the sentence document is delayed, the longer the prisoner's release from prison is delayed. According to Article 66/3 of the Presidential Regulation on the Execution of Penalties and Security Measures, the sentence document includes the following elements: the convict's communication, notification, and identity information; date of admission to the institution; execution register number; time spent in detention or imprisonment, if any; the length of the sentence; the date of conditional or earned release; and the judgment on which the sentence is based. In this context, the sentence document should not be confused with the finality annotation of the sentence. The finality annotation of the sentence is prepared by the court that imposed the sentence and sent to the relevant public prosecutor's office for the execution of the decision. The sentence document is prepared according to this finality annotation. The annotation confirming the finalization of the sentence includes the identity of the convict, the sentence, the date the decision became final, the date the decision was sent to the public prosecutor's office, and if the convict received more than one sentence, the total of these sentences (Article 66/1 of the Turkish Criminal Code).
Rights of Detainees and Convicts in Prisons
- Right to Petition and Access to Information (Article 74 of the Turkish Constitution)
- Right to Consult with a Lawyer (Presidential Regulation on the Execution of Penalties and Security Measures, Article 84/1)
- Right to Consult with a Notary Public (Presidential Regulation on the Execution of Penalties and Security Measures, Article 84/1)
- The Right of Prisoners to Receive and Send Letters, Faxes, and Telegrams (Presidential Regulation on the Execution of Penalties and Security Measures, Article 68/4)
You can obtain further information on this matter by consulting with our firm's experienced lawyers.
Trainee Lawyer Cevdet ERGÜL
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