DİYARBAKIR - Diyarbakir Bar Association Board Member Mehdi Özdemir, who stated that the process implemented in Imrali Prison is illegal, said that the law numbered 5275 is ignored and attorneys and family visits are not allowed for arbitrary reasons.
 
There has been no news for 15 months from PKK Leader Abdullah Öcalan, Ömer Hayri Konar, Veysi Aktaş and Hamili Yıldırım, who are held in İmralı Type F Closed High Security Prison. Against the lack of news from İmralı, 755 attorneys from 29 bar associations applied to Bursa Chief Public Prosecutor's Office with the "demand to lift the ban on attorneys' visits".

One of the attorneys who applied, Mehdi Özdemir, Member of the Board of the Diyarbakır Bar Association, made evaluations about the Imrali isolation.
 Özdemir said: "There are certain powers in the Penal Execution Law in order to allow each prisoner to meet with an attorney against certain practices in the prison.

With the statutory decrees issued during the state of emergency, some restrictions were imposed on allowing prisoners to meet with their attorneys in prisons. Although there is a position that violates fundamental rights in terms of turning these restrictions into a legal legislation within the scope of the principle of legality, In fact, it is seen by all of us within the scope of the decisions taken in the intervening period that these decrees are arbitrary practices against Mr. Abdullah Öcalan and other prisoners in the İmralı High Security Closed Prison."

'VIOLATION OF THE RIGHT OF ACCESS TO THE COURT'
 
Özdemir said: "The existing arrangements for allowing each prisoner to meet with his attorney should not be limited to arbitrary reasons. The limiting the isolation to meeting with an attorney constitutes a violation of the right of access to a court, which hinders the professional activities of the lawyer and, on the other hand, within the scope of the right to 'personal freedom and security'."

'ATTORNEYS ARE LIMITED TO ARBITRARY REASONS'
 
Noting that the decisions taken for the restriction of the attorney's visit must be justified, Özdemir said: "The law states that the meeting with the attorney should be limited due to the problems that may arise at the point of contacting the attorney regarding this matter. Apart from this, it requires that the disciplinary punishment received by the prisoner in prison does not cause obstruction of the meeting with the attorney. By showing the disciplinary justifications taken for each prisoner, an organisational communication or various hypothetical statements regarding this matter as an excuse, the restriction of attorney was brought with the disciplinary punishments taken and the decisions made by the execution judge.

The fact that the disciplinary decisions taken at this point for a long time are listed with reasonable justifications, in fact, it shows us an arbitrary attitude in terms of preventing attorneys and prisoners from meeting with this aspect of the isolation. It is a position to violate the prohibition of torture and ill-treatment on the basis of the isolation practice, which is being implemented arbitrarily, without justification and without any legal basis."

REFLECTION OF THE POLITICAL PROCESS’
 
Reminding that the recognition of the rights of prisoners in prison is expressed in Turkey's domestic law and in international conventions to which it is a party, Özdemir said: "In domestic law, the Penal Execution Law No. 5277 clearly states 'the right of visit or communication with attorneys, families and third parties'. The regulations in the Execution Law No. 5275 are ignored in İmralı High Security Closed Prison. Neither family or attorneys can visit the prisoners with the decisions taken by expressing some arbitrary excuses or justifications. From this point of view, it actually reflects the current political process.”

'BAR'S APPLICATION WAS REJECTED'
 
As Diyarbakır Bar Association, we applied to the Ministry of Justice on November 26, 2021 within the scope of Article 86 of Law No. 5275 but the application was rejected. Apart from this, we requested permission from the Ministry of Justice to go to the Imrali High Security Closed Prison, in order to be able to determine on the spot the arbitrary and violative rights in the Imrali High Security Closed Prison;however, all of our demands were rejected by the Ministry of Justice."

'ELIMINATION OF CERTAIN RIGHTS VIOLATIONS'
 
Referring to the applications they made as 29 Bar Associations and 755 attorneys, Özdemir said: "The right of an attorney's visit is a fundamental right for every prisoner. We demand the recognition of the right of visit, the provision of the necessary opportunities for us to visit our clients as soon as possible, and the abolition of arbitrary unlawful decisions. In this respect, with the acceptance of 775 attorneys' applications for visit, we will be able to follow the legal processes that may arise as a result of the elimination of certain rights violations in prison regarding our clients and the opportunity to meet with them."

'LEGAL CHANGE MUST BE MADE'

There is a basic law that is being implemented for each prison in Turkey, which is the Execution Law No. 5275. However, the current practices in Imrali High Security Closed Prison allow for some personal regulations to be put into practice, and for some unlawful decisions to be taken, and basic rights to be neglected so, the decisions taken and being implemented in terms of the current prisoners in the Prison in Imrali are unlawful. There is a decision regarding the 'Right to Hope' regarding aggravated life imprisonment for Mr. Abdullah Öcalan. There is a process to eliminate the consequences of an ongoing violation decision by the EC Committee of Ministers regarding this decision, so within the scope of the violation of this 'right to hope', Turkey should make the necessary legal changes as soon as possible in order to eliminate the violation decision."

MA / Müjdat Can