Dear Comrades,
We are writing this letter to bring to your attention the injustices that structure the recent amnesty law in Turkey, the situation of prisoners amid the fight against the COVID-19 pandemic, and what can be done to restore justice and improve conditions in these fields.
Despite all objections and criticisms from the political opposition, civil society and the international community, the ruling Justice and Development Party (AKP) and its ultranationalist ally Nationalist Movement Party (MHP) passed an utterly unfair and discriminatory amnesty law on 14 April 2020. This law could have served to restore some degree of justice after years of government crackdown on the democratic society and to ensure equality of all prisoners before the law, but it was terribly disappointing in both regards. The law excluded from its scope all political prisoners facing terrorism-related charges. As the law included only those already convicted, it categorically excluded all people jailed pending trial, too. These exclusions clearly violate the universal principle of equality before the law (Article 10 of the Turkish Constitution).
Many think that the Turkish government designed the amnesty law to respond to the coronavirus by reducing overcrowding in prisons. Yet, the pandemic did not start the amnesty debate; it only accelerated it. It was the MHP’s leader Devlet Bahçeli who first started the amnesty debate in May 2018 after his visit to Alaattin Çakıcı, a prisoner under treatment in a hospital. Çakıcı is one of the most infamous mafia leaders in Turkey; he was personally involved in ultranationalist militancy and unlawful actions of “the deep state.” It is not surprising that he was one of the first released convicts. About 90,000 convicts of crimes such as gang violence, human trafficking, theft, robbery, extortion, corruption, money laundering, or even manslaughter are now being temporarily released or released early.
But thousands of politicians, elected members of parliament, mayors, academics, civil society representatives, human rights activists, students, artists, singers, journalists and all others who have been arrested or convicted with “terrorism-related charges” due to their criticisms of the government will remain in prison; e.g. Selahattin Demirtaş and Figen Yüksekdağ (former HDP co-chairs), Gültan Kışanak and Selçuk Mızraklı (elected Kurdish mayors), Osman Kavala (businessman and civil society representative), and Ahmet Altan (author). Since the abortive coup in 2016, the Turkish government has been exploiting a vague and inflated notion of terrorism to criminalize and silence the democratic opposition and the media in the name of public order and security. Consequently, over 80,000 people were arrested and prosecuted with terrorism-related charges in the last four years. In this process, the number of prisoners in the country has jumped from 220,000 to nearly 300,000. Turkey now has the second largest prison population and the most overcrowded prison system in Europe. It is estimated that some 50,000 people convicted or jailed pending trial on terrorism-related charges were excluded from the amnesty law. The words and deeds of the overwhelming majority of these prisoners clearly fall within the scope of freedom of expression, freedom of press, and the right to peaceful protest, as various human rights rapporteurs and independent observers have noted.
A recently arrested Turkish journalist commented on the amnesty law from his prison cell: “If I had a knife in my hand instead of a pen, I would be released.” Amnesty International’s Turkey Campaigner slammed the amnesty law by saying: “Those convicted in unfair trials under Turkey’s overly broad anti-terrorism laws are also now condemned to face the prospect of infection from this deadly disease…Turkey’s government must do the right thing and immediately release those who are imprisoned solely for expressing their peaceful views.” European Parliament’s standing rapporteur on Turkey, Nacho Sanchez Amor, and the Chair of European Parliament’s Delegation to the EU-Turkey Joint Parliamentary Committee, Sergey Lagodinsky, received the amnesty law as “a great disappointment” and said in a joint statement: “The Turkish ruling parties have decided to deliberately expose the lives of journalists, human rights defenders and those whom they deem to be political opponents to the risk of the deadly disease COVID 19.”
Considering the virtual absence of any health infrastructure in prisons, all prisoners in Turkey are under tremendous and immediate risk, but sick and elderly prisoners are particularly vulnerable. According to the Human Rights Association of Turkey, there are currently 1,333 sick and 457 seriously sick people in Turkish prisons. Overcrowded and unhygienic prisons are perfect places for the pandemic to spread. The government has denied the existence of coronavirus cases in prisons until very recently, but on the very day the amnesty law was passed, the Turkish Justice Minister announced that there were 17 confirmed cases of COVID-19 among prisoners, including three deaths. He added that 79 prison staff as well as a total of 80 judges, prosecutors, and judiciary and forensic science staff had also tested positive. The government has not been transparent about the number of COVID-19 cases in the country and in prisons. Based on reports from families and lawyers of prisoners, we know that the number of cases is much higher.
Leaders of the main opposition Republican People’s Party (CHP) have already declared that they will appeal to the Constitutional Court for the repeal or amendment of the amnesty law. As the amnesty law violates the principle of equality before the law, theoretically the Constitutional Court may amend the law so as to make it non-discriminatory and inclusive. We think that the government, which has virtually full control over the judiciary, will interfere in the appeal process. That is why we are not very optimistic. Nevertheless, considering some of the recent positive judgments delivered by the Court despite pressures from the government, we believe that reactions of the national and international public to the amnesty law may have considerable impact on the appeal process.
The Constitutional Court remains now as the only hope for the prisoners excluded from the amnesty law. A fair judgment can restore justice and ensure equality before the law. Their hearts in their mouths, tens of thousands of prisoners in their cells and their families are closely following the process. We hereby invite you to closely follow the continuing legal and political process regarding the amnesty law, let the Turkish government know how you think and feel about this blatant injustice, be the voice of struggling prisoners and their families, mobilize the institutional mechanisms, resources and relations at your disposal, and help to build effective international public opinion on the issue.
We thank you in advance for your efforts and look forward to your reply.
Sincerely yours,
Pervin Buldan & Mithat Sancar
Co-chairs of the HDP
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