Amid growing concerns over the spread of Covid-19 in prisons, the Turkish government is accelerating the preparation of a draft law that will reportedly release up to 100,000 prisoners. This is a welcome step. Overcrowding and unsanitary facilities already pose a serious health threat to Turkey’s prison population of nearly 300,000 prisoners and about tens of thousands of prison staff. That will only be exacerbated by the coronavirus pandemic. However, we remain concerned that journalists,  human rights defenders and others imprisoned for simply exercising their rights, and others who should be released, will remain behind bars in the package of measures as currently conceived  by the government.

The undersigned organisations call on the Turkish authorities to immediately and unconditionally release journalists,  human rights defenders and others who have been charged or convicted simply for exercising their rights.  Additionally we believe that the Turkish authorities should re-examine the cases of all prisoners in pre-trial detention with a view to releasing them. According to international human rights law and standards, there is a presumption of release pending trial, in accordance with the presumption of innocence and right to liberty. Pre-trial detention should only be used as an exceptional measure, yet it is applied routinely and punitively in Turkey. The government should also seriously consider releasing prisoners who are particularly vulnerable to Covid-19, such as older prisoners and those with serious medical conditions. The authorities should ensure that all prisoners have prompt access to medical attention and health care to the same standards that are available in the community, including when it comes to testing, prevention and treatment of COVID-19. Prison staff and health care workers should have access to adequate information, equipment, training and support to protect themselves.

Under the current Law
on the Execution of Sentences and Security Measures, prisoners are eligible for
parole after they have served two thirds of their sentence. The draft law that
is expected to be passed in Parliament within days reportedly makes prisoners
eligible for parole after they have served half of their sentence. Under the
new law, pregnant women and prisoners over 60 with documented health issues
will be placed under house arrest. Individuals convicted of a small number of
crimes, including on terrorism-related charges, will not be eligible for
reduced sentences. The draft law does not apply to those held in pre-trial
detention or whose conviction is under appeal. The measure is expected to be
introduced as the third reform package under the government’s Judicial Reform
Strategy revealed last summer.

In Turkey,
anti-terrorism legislation is vague and widely abused in trumped up cases against
journalists,  opposition political
activists, lawyers, human rights defenders and others expressing dissenting
opinions. As we have documented in the large number of trials we have
monitored, many are held in lengthy pre-trial detention and many are convicted
of terrorism-related crimes simply for expressing dissenting opinion, without
evidence that they ever incited or resorted to violence, or assisted illegal
organizations.

This includes high
profile journalist and novelist Ahmet Altan, Kurdish politician Selahattin
Demirtaş, and businessman and civil society figure Osman Kavala, in addition to
many more academics, rights defenders and journalists. Demirtaş has previously
reported heart-related health problems in prison, and both Altan and Kavala are
over 60 years old meaning they could be at increased risk from Covid-19. These
people should not be detained at all, excluding them from release would only compound
the serious violations they have already suffered.

We, the
undersigned, call on the government and Parliament to respect the principle of
non-discrimination in the measures taken to lessen the grave health risk in
prisons. The effect of the draft law is to exclude certain prisoners from
release on the basis of their political views. Thousands of people are behind
bars for simply exercising their rights to freedom of expression and peaceful assembly.
Now they are also faced with an unprecedented risk to their health. According
to its commitments under international human rights law, Turkey is under a clear
obligation to take necessary measures to ensure the right to health of all prisoners
without discrimination.

We invite Turkish
authorities to use this opportunity to immediately release unjustly imprisoned people,
and give urgent consideration to the release of those who have not been
convicted of any offence and those who are at particular risk in prison from a
rapidly spreading disease in overcrowded and unsanitary conditions where their
health cannot be guaranteed.

Signatories

ARTICLE 19

Punto24, Platform for Independent Journalism

Amnesty International

ARTICOLO 21  

Association of European Journalists (AEJ_

Cartoonists’ Rights Network International
(CRNI)

Committee to Protect Journalists (CPJ)

Danish PEN

English PEN

European Centre for Press and Media
Freedom (ECPMF)

European Federation of Journalists (EFJ)

Freedom House

Frontline Defenders

German PEN

Index on Censorship

Initiative for Free Expression – Turkey (IFoX)

International Press Institute (IPI)

IPS Communication Foundation/bianet

IFEX – the Global Network Defending and
Promoting Free Expression

Norwegian PEN

Osservatorio
Balcani e Caucaso Transeuropa (OBCT)

PEN Canada

Reporters Without Borders (RSF)

South East Europe
Media Organisation (SEEMO)

Swedish PEN

Turkey Human Rights
Litigation Support Project (TSLP)

Wan-Ifra/World
Association of News Publishers