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Legal and Administrative Measures
Death Fast and Pardoned Prisoners
Deaths and Incidents in Prisons
Prison Conditions
Medical Neglect of Prisoners

The problems in prisons continued in 2005. Deaths in prisons had different reasons. Pressure in particular on political prisoners continued and necessary medical treatment was not provided. In December the independent prison watch group in İzmir stated that the new Law on Execution of Sentences had not lifted the deficiencies and inequality, positive provision were not applied and in many areas backward steps had been observed. The Law on Councils for Correctional Institutions and Prisons that entered into force in 2001 had not secured a serious supervision or transparency of prisons. 
The death fasts continued in 2005. On 9 May the 12th team started its action. Prisons of type L started to operate despite discussions that prisoners would be forced to work for small wages in these prisons. The first L-type prison opened in Ferizli district of Sakarya province. Another point of discussion was the admission that the amount of money allocated to food for prisoners had been cut down by one half. In the budget for 2005 each prisoner was allocated 4.82 YTL per day, but because of a lack of money the amount was cut to 2.50 YTL per day. In November Justice Minister Cemil Çiçek stated that it was impossible to provide three meals a day for that money. He argued that the amount had to be increased in order to prevent the provision of food from outside prison.
In November Ankara Administrative Court No. 3 took an important decision on the treatment of prisoners. It decided that the money that had been taken from prisoners in F-type prisons for their medication had to be paid back with legal interest. The decision was taken on an application from Bülent Barmaksız imprisoned in Bolu F-type Prison.

Legal and Administrative Measures, Official Statements
In February Justice Minister Cemil Çiçek answered a question of CHP Konya deputy Atilla Kart and stated that 17.678 civil servants for execution and protection were employed in the prison. During the last four years 22 new prisons, 11 of them of type F had been opened. In answer to a question tabled by AKP Adıyaman deputy Mahmut Göksu the Minister said that between 16 May 2000 and 12 November 2004 the State President Ahmet Necdet Sezer had pardoned 252 prisoners under his authority provided in Article 104 of the Constitution. Two of them had later been re-imprisoned on charges of creating panic by throwing explosives.
In March Cemil Çiçek answered a question tabled by DYP Denizli deputy Ümmet Kandoğan stating that 26,010 convicts and 31,920 remanded prisoners were in the prisons as of 31 December 2004. As of 30 October 2004 there had been 2,881 convicts and 1,638 remanded prisoners charged with offences against the personality of the State; 5,213 convicts and 9,023 remanded prisoners charged with offences against persons; 7,170 convicts and 10,186 remanded prisoners charged with offences against objects and 2,479 convicts and 1,694 remanded prisoners charged under special legislation. For the same date the number of prisoners aged 11 to 15 had been 90 convicts and 209 remanded prisoners; prisoners aged 15 to 18 had been 199 convicts and 1,808 remanded prisoners. The figures for prisoners over 65 years of age had been 354 convicts and 155 remanded prisoners.
On 11 March Ankara Heavy Penal Court No. 11 started to hear the case of 46 defendants from the Socialist Platform of the Oppressed (ESP) who had staged a demonstration against the Law on Execution of Sentences in Ankara on 7 December 2004. Defense lawyer Selçuk Kozağaçlı asked that the Court declared itself not responsible. The defendants had been charged with membership of an armed gang (Article 168 TPC), but actually might only be charged with a violation of Law 2911 on Demonstrations and Meetings. The Court adjourned the hearing to 27 April to decide on the demand. After the hearing 28 defendants were released.
The action on 7 December 2004 had been staged when the draft Law on Execution of Sentences was debated in the Grand National Assembly (GNAT). The police detained 46 people including 12 women. The reporters Ufuk Han and Selver Orman from the journal Atılım had been among the detainees that were remanded on 10 December. 
After the second hearing on 27 April seven defendants were released. 11 defendants remained in pre-trial detention. The hearing was adjourned to 22 June. Another hearing was held on 17 August. After the hearing the last remanded defendants Yusuf Bayraktar, Deniz Bakır, Gülcan Taşkıran and Dursun Armutlu were released. The next hearing was scheduled for 26 October.
In Denizli 10 people were indicted for a similar demonstration. Denizli Heavy Penal Court No. 3 started to hear their case on 11 January. The remanded defendants Umut Göllü, Olcay Bayraktar and Ercan Bulut (SDP members) were released. In this trial the defendants are charged with hindrance of the freedom of education and resistance against officials.
On 17 June three regulations on the distribution of prisoners according to the correctional centers, on material allowed in correctional centers and visits of prisoners entered into force. The regulations had been passed in order to comply with new legislation. Some of the new provisions were:
- Prisoners sentenced to aggravated lifer imprisonment can only be visited by relatives of the first degree;
- The conversations have to be conducted in Turkish. If the prisoner and/or the visitor does not know Turkish talks will be allowed but recorded;
- Offences are divided into international felonies, against persons, against sexual inviolability; against society and against the nation and the State. People with different sexual orientation will get a separate evaluation. As far as organizations are concerned the prisoners will be divided into leaders, active member, those who left the organization and impartial;
- In order to be categorized prisoners will be held under observation in cells for one person for up to two months. During this time they will have no contact to other prisoners;
- On demand prisoner get education in religion and moral;
- Prisoners pay for electricity apart from the costs for lightning. They can buy electronic equipment such as refrigerators from the canteen;
- The prosecutor can ban visits for the "sake of investigation".
In June Kenan İpek, General Director for Prison stated that 10 different institutions and formations carried out a strict inspection of the prisons. Besides inspectors of the Justice Ministry and controllers of the general directorate supervising councils, judges on execution of sentences, the Human Rights Investigation Commission of the GNAT, the Human Rights Presidency in the Prime Ministry, the State Minister for Human Rights, the General Directorate for Prison, the European Committee for the Prevention of Torture (CPT) and the prosecutors all had the duty to examine the situation in the prisons. İpek reminded that 53,331 persons were imprisoned and 24,307 personnel were on duty in the prisons. Another 6,638 persons should be employed in addition.
On 12 July the circular on libraries in correctional centers entered into force. It restricted the publications allowed in prisons. The circular stated that publications which the educational council had found to contain news, articles, photographs or comments that might endanger public security or be pornographic would not be allowed in prison even of these publications had not been banned. The publications allowed in prisons were listed in Article 12 of the circular as increasing the love of humans to their home country and nation and developing the moral value of prisoners. In addition the publications had to be in line with the nationalism, principles and attitudes of Atatürk.
On 13 July the Statute for the Use of Personal Money taken from Prisoners was published in the Official Gazette. According to the Statute the Ministry will determine how much money prisoners may spend during one week. The Ministry will also determine the upper limit for expenses of prisoners in the canteen and for communication. The Statute provides that prisoners are not allowed to carry money on them. Only for prisoners in semi-open prisons and in educational institutions exceptions will be made with a certain amount of money that the prisoners may take with them. 
At the end of December Justice Minister Cemil Çiçek announced that all decrees that had been published earlier had been cancelled and that fresh circulars would be issued as of 1 January 2006. The step came parallel to amendments of several laws including the penal code and the code of criminal procedures.

Death Fast and Pardoned Prisoners
The DHKP/C announced that on 9 May the 12th group of death fast activists had started its action. As members of the group the following prisoners were named: in Gebze Prison, Fatma Koyupınar, in Sincan F-type Prison, Serdar Demirel and in Tekirdağ F-type Prison, Faruk Kadıoğlu.
The Committees of Families of Revolutionary Prisoners (DETAK) declared during an action on Taksim Square on 26 June that Senpil Cabadan had started a death fast action in Gebze Prison. She had done so since at the fourth anniversary of the death of Aysun Bozdoğa on 26 June 2001 the isolation on prison was still continuing.
The Solidarity Association of Families of Prisoners (TAYAD) declared that on 24 June Fatma Koyupınar on death fast in Gebze Prison had been forcibly taken to Gebze State Hospital. Reports from Sincan stated that Serdar Demirel, on death fast in Sincan F-type Prison had tried to set himself on fire on 18 December. Reportedly he had refused to be taken to hospital and be medically treated. On 28 December Serdar Demirel was forcibly taken to Ankara Numune Hospital. After a visit his mother Mesude Demirel said: "Before I entered a psychologist had been in the room. He was over 50 years old and kept saying 'what can you do for someone like him?' I was allowed to stay with my son for 10 minutes, but he did not recognize me. He is not himself."
On 1 November relatives of prisoners held a press conference at the office of the HRA in İstanbul. They stated that Remzi Aydın, on death fast n Tekirdağ F-type Prison had been treated harshly when he was transferred to Kandıra F-type Prison No. 2. 
In October it was reported that Mahir Ertuğrul Zevkliler and Tahsin Mert imprisoned in Kırıklar F-type Prison for membership of the Union of Islamic Associations and Parishes were on death fast since three months. 
In Malatya E-type Prison Nevzat İçen, Suat Daştan, Ö. Haydar Konar, Çetin İlkhan, Yahya Figan, Hüseyin Yeter and Mehmet Yoldaş staged a hunger strike between 14 and 16 May demanding that military operations be stopped and Abdullah Öcalan be released.
TAYAD announced that some 150 prisoners in 15 prisoners had gone on hunger strike in protest at the forcible transfer of some prisoners to Tekirdağ F-type Prison on 30 July. The statement of TAYAD also pointed at a similar action in Gebze Prison on 3 August and named the prisons of hunger strikers as: Edirne F-type, Kandıra F-type (1 and 2), Tekirdağ F-type (1 and 2), İzmir Kırıklar F-type, Sincan F-type, Bolu F-type, Elbistan, Gebze, Sıvas, Ulucanlar, Kürkçüler, Uşak and Bayrampaşa Prison. 
In Kürkçüler Prison (Adana) female prisoners on hunger strike against the prison conditions in particular of Abdullah Öcalan were reportedly attacked by guardians. Lawyer Vedat Özkan said that the prisoners Esmer Yaman, Şehnaz Tümer, Kıymet Toprak, Gülten Toprak, Gülistan Arslan, Yeşim Ekinci and Hatice Yaman had gone on hunger strike each for 3 days. On 22 July 15 guardians had attacked them. He added that the prisoners Gülistan Arslan and Esmer Yaman were at risk of cancer.
The health situation of the prisoners reportedly deteriorated in August. Lawyer Osman Çelik stated that besides his client Yeşim Ekici the health of Gülten Poyraz, Şahcan Tünel, Esmer Yaman, Hürriyet Doğan, Kıymet Toprak and Hatice Yaman was poor. He added that Esmer Yaman was suffering from cancer of her chest and Şahcan Tünel had had an eye operation. "During the counts they are forced to stand up. On 3 square meters 2 to 3 prisoners are staying. Because the places are damp their blankets are on the ground. Personal belongings are not handed over to them and they do not get newspapers they want to read. Some guardians apply physical force. F.Ş. was sexually assaulted."
State President Ahmet Necdet Sezer pardoned İbrahim Ethem Yalvaç because of permanent illness according to Article 104 of the Constitution. The decision was published in the Official Gazette on 18 March. On 12 September the Official Gazette included the amnesty of İbrahim Ayhan Özgül, in prison as a member of the DHKP/C.
In Mersin the teacher Hacer Koçak was dismissed in January because she had participated in an action for the victims of the death fast action on 21 July 2004.
Reports on the Wernicke-Korsakoff Syndrome
In January the Honor Council of the Turkish Medical Association confirmed the ban on conducting professional activities for one month for the physicians Nur Birgen, Oktan Aktürk, Ömer Can Gökdoğan, Erbil Gözükırmızı, Cemal Yalçın Ergezer and Esin Öztürk, because of false reports relating to the prisoner Bekir Balyemez suffering from the Wernicke-Korsakoff syndrome. İstanbul Medical Association had issued the ban on application of the lawyers of Bekir Balyemez.
On 10 July and 9 December 2002 Bekir Balyemez had been given reports that under his health condition the execution of his sentence should be suspended for six months. However, on 8 October 2003 he had been given a report that he had recovered.
The judgment of the European Court of Human Rights
On 10 November the ECoHR passed a judgment on a number of applicants suffering from the Wernicke-Korsakoff syndrome. Parts of the judgment read as follows:
The applicants, all Turkish nationals, were sentenced to prison terms on account of their membership of terrorist organisations. Their prison sentences were suspended on medical grounds, as they were suffering from Wernicke-Korsakoff Syndrome as a result of going on prolonged hunger strike while in prison… These nine applications (with some details on each case, HRFT) are part of a group of 53 similar cases.
From 24 June 2004 onwards, the Court indicated various interim measures to the Turkish Government under Rule 39 of the Rules of Court (interim measures) to ensure the proper conduct of the proceedings. On 23 August 2004, in connection with its fact-finding mission and in accordance with Rule 39, the Court advised the Turkish Government that during the period from 6 to 13 September 2004, when the panel of experts was due to examine the applicants, the authorities should refrain from arresting or re-imprisoning them.
From 6 to 11 September 2004 a delegation of judges from the Court travelled to Turkey on a mission to a visit various institutions, including certain prisons. They were accompanied by a panel of experts whose task was to assess the medical fitness of the 53 applicants to serve their prison sentences.
Decision of the Court
…In those circumstances, the Court found that a decision to return the applicants to prison despite the lack of change in their condition would be sufficiently serious as to come within the scope of Article 3. The situation was solely attributable to the malfunctioning of the protective machinery that had been put in place in Turkey and which, in practice, had proved to be ill-adapted to cope. The Turkish authorities should have taken swift action to remedy the applicants' situation. The fact that the applicants had inflicted harm upon themselves by going on a prolonged hunger strike did not release Turkey from any of its obligations towards them under Article 3.
The Court therefore held that Turkey would violate Article 3 if the Turkish authorities decided to deprive the applicants of their freedom without there being any significant improvement in their medical fitness to withstand such a measure.
After a large number of prisoners had been released since 2001 on the basis that they were suffering from the Wernicke-Korsakoff syndrome the reports of the Forensic Institute changed after 2003 and 254 prisoners were issued reports that their health condition allowed for imprisonment.

Deaths and Incidents in Prisons
Bilal Çoşelav (17) died in Erzurum E-type Prison on 17 December 2004. The family was informed on 30 December 2004. His father Bekir Çoşelav filed a complaint with the public prosecutor in Kars alleging that guardians had killed his son. He named the guardians Atilla Ovat and Fuat Yavuz as guardians who had had a dispute with his son.
On 6 January Seyfettin Çağmen, member of Kongra-Gel, who had been extradited from Iran in January 2004, died in Ankara Numune Hospital where he was under treatment of cancer of his intestine. He had been in hospital for three months.
According to an official statement the remanded prisoner Fırat Turgut committed suicide in İstanbul-Bayrampaşa Prison on 3 February. 
On 26 May Faruk Kadıoğlu set himself on fire in Tekirdağ F-type Prison. He died the same day. On 9 May he had started a death fast action against the Law on Execution of Sentences and the Code of Criminal Procedures. Reportedly he would have been released in four months.
On 15 July Mehmet Kaderci (40) committed suicide in Muğla Prison. Reportedly he helped the police in cracking down gangs collecting protection money and did not stand the pressure when he was put in one prison with another 64 suspects.
On 27 July Murat Polat died in hospital after he had been beaten in the military prison of Adana on 27 June. He had been detained on that day as deserter from military service and the guardians in prison had beaten him. The prosecutor in Adana investigated against 29 persons, but did not conclude the investigation in 2005.
Savaş Uzun, remanded in İzmit on 1 September on charges of murder was killed by fellow prisoners (names not revealed).
Reports from Kırıklar F-type Prison (İzmir) stated that the political prisoner Serdar Arı set himself on fire on 24 October. The autopsy report stated that he died because of smoke. Lawyer Bahattin Özdemir stated that the corpse of Serdar Arı had not shown any traces of burning. HRA official Necla Şengül asked why the prison administration had not extinguished the fire if Serdar Arı had set his cell on fire. 
On 13 November Enver Arpalı, SG of the 100 Year University in Van, committed suicide in Van M-type Prison. He had been remanded on 11 July on charges of fraud and not been taken to court. The dean Prof. Yücel Aşkın, who had been remanded in 14 October and held in the same cell, had a heart attack when he was questioned on the death of Enver Arpalı.
On 27 November Ömer Uzun committed suicide in a prison in Merzifon district (Amasya). In an attempt to rob a car used for transport of money from banks he reportedly had shot two security officers. 
On 14 December Mehmet Sayan committed suicide in Diyarbakır E-type Prison. Mehmet Sayan was in prison for having killed his wife.
In May prisoners in Ümraniye Prison (İstanbul) protested against disciplinary punishment of a friend by setting fire to the beds in their ward. On intervention of the prosecutor for prisons, Zihni Doğan, they stopped their action.
In June Ali Gönül (28) and Turan Doğan (25) had a fight for an unknown reason in Kırıklar F-type Prison (İzmir). Ali Gönül was seriously wounded with a spit and Turan Doğan had slight injuries to his face and his hip.
Asya Ülker, lawyer in İstanbul, stated that her client Bilal Önen, imprisoned in Tekirdağ F-type Prison on charges of membership of the PKK cut his throat and both wrists in July in order to protest the situation of Abdullah Öcalan and the operations in Southeast Anatolia.
On 1 November some 60 prisoners in ward 4 of Alanya B-type Prison (Antalya) rioted when the demand of fellow prisoners to be transferred to their ward was not met. Soldiers entered the ward with gas bombs and broke the doors. In connection with the incident Cafer Eren, Zekeriye Eren, Nevzat Özdemir, Ayhan Nazik, Mustafa Gültekin, Faruk Demir, İsmail Hakkı Daş, Mustafa Varol and Metin Şener were transferred to Karaman Closed Prison. 
Prison Conditions
The Human Rights Investigation Commission in the GNAT issued declarations on the prisons in February and March. They had inspected F-type prisons in Tekirdağ, Kocaeli and Adana and stated that the prisoners there had serious mental problems. The deputies warned that the prisoners might return to society as problematic persons if no serious measures were taken.
The deputies suggested that common spaces and time should be increased. The law that had been passed in recent years had not been implemented on a sufficient level. The Commission criticized that the administration in the prisons issued penalties although there was no authority to sentence persons.
Further points of criticism were: bureaucratic obstacles, hindrance of social activities, bad nutrition, unhealthy fresh air areas and pressure of guardians. The guardians in return had complained that the prisoners did not follow the rules in prison. 
On 9 July the Union of Prisoners' Relatives (TUYAB) issued a statement on the penal code that had increased problems with communication, health and the right to life in prison. In particular prisoners in F-type prisons were not granted the necessary treatment, visits were banned and from time to time they were beaten.
Hanzey Güldoğan, sister of Aysel Güldoğan imprisoned in Gebze F-type Prison, stated at the same press conference that her sister had shown marks of beatings during a hearing at İstanbul Heavy Penal Court No. 3 and had filed an official complaint. The prisoner Filiz Gülkokuer was suffering from blood cancer but was not taken for treatment because she refused a body search.
Seza Mis Horoz from TUYAB said that prisoners with life imprisonment were put in isolation. Menderes Leyla and Ali Baba Arı had been beaten when they were taken to cells in Tekirdağ F-type Prison. Zeynel Firik and Ali Şahin had been told to pay for their medication, although they had shown a letter from the Justice Ministry that the medication should be provided for them. 
Hüseyin Eser, father of Murat Eser, stated that 121 letters of his son written during the last three years had not been sent to their destination, When he went to see his son in Elbistan Closed Prison on 17 May he had been given the letters.
Batman M-type Prison
In May political prisoners in Batman M-type Prison were punished with a ban on letters and phone conversations for one month because of a hunger strike they had conducted earlier. İzzettin Onar, father of the prisoner Sabiha Onar said that the pressure in that prison increased after Ali İhsan Çetindere had been appointed the director of this prison.
Bitlis M-type Prison 
In January Bahattin Boz wrote a letter to the Justice Minister complaining that his son, held in Bitlis M-type Prison as a member of the PKK was kept waiting in the snow for one hour. He said: "My son has been sentenced to 36 years' imprisonment and has been in prison for the last 10 years. In Muş E-type Prison the first director and the chief guardian beat him. In November he was transferred to Bitlis E-type Prison and here he had to wait naked in the snow for one hour. He was punished with isolation for 3 months and 1 month's ban on visits. When I wanted to see my son on 24 December 2004 I was not allowed inside. The prosecutor said that my son was a terrorist and even the State President would not be able to give me permission."
At the end of May Gülşen Çaçan said about her daughter Pınar Çaçan, imprisoned in Bitlis E-type Prison that she had been put under pressure to become a confessor. She narrated what her daughter had told her: "She received a phone call from the confessor Giyasettin Çaçan staying in the same prison. He threatened that if she did not what she was told something would happen to the people on trial with her. My daughter also told me that soldiers insulted her on her way to hospital, although she had not shouted the slogan in Kurdish 'Long live Apo'."
Bolu F-type Prison
In January the İstanbul branch of the human rights organization Mazlum Der announced its report on Bolu F-type Prison. The report stated that isolation had resulted in psychological force and even physical problems. There were problems with visits and phone conversations were restricted to 10 minutes a week. 
In September the number of books was restricted on the pretext that the living space for prisoners became too narrow. The cells are built for one or three prisoners and in each cell there is a wardrobe and a table.
Diyarbakır E-type Prison
In March the prisoners İlknur Özden, Güzel Becerikli, Sohbet Yıldız, Yıldız Dündar, Gülümser Yuca and Güler Çelik were punished with a ban on visits for one month. They had asked for wood to burn on Newroz (21 March) and, since this wish had been rejected, they had set old clothes on fire.
In mid-August eight prisoners in Diyarbakır Closed Prison and 10 prisoners in Antep Closed Prison went on hunger strike in protest at the prison situation of Abdullah Öcalan, the Law on Execution of Sentences and the penal code.
Prisoners in Antep Closed Prison who had conducted a hunger strike between 2 July and 15 August with the same demand received bans on visits, letters and phone calls.
Erzurum Closed Prison
In March prisoners in Erzurum Closed Prison issued a statement on living conditions getting worse in prison. The administration had confiscated many blankets arguing that many blankets had "disappeared". The prisoners also complained that medical treatment was either not granted or stopped in the middle of it. Some prisoners had sent a letter to the administration on the penalty of bans on visits and in July they had been punished a second time with bans on visits.
Gebze Prison 
At the beginning of July the Committees of Families of Revolutionary Prisoners (DETAK) declared that on 24 June the cells of female prisoners had been raided under supervision of the prosecutor. The prisoners had been beaten and their belongings had been damaged. The prisoners on hunger strike against the new Law on Execution of Sentences had been punished with bans on letters and visits for 6 months. Serpil Cabadan had started a death fast action in protest at the pressure. 
Kahramanmaraş E-type Prison
Six convicts in this prison were indicted with membership of an illegal organization after they signed petitions that they agreed to "the leadership Abdullah Öcalan as being their political will". Reportedly the disciplinary council in that prison issued a ban on phone conversations for one year and visits for three months in November. In return the prisoners started a hunger strike for two days each. 
Kandıra F-type Prison
On 3 June the Commission on Letters in the Execution of Sentences Institution prohibited that the journal Masala that the prisoners in Kandıra F-type Prison published be send outside prison. The political content and incitement to death fast actions was given as a reason and Article 68/3 of the Law on Execution of Sentences was cited as the basis for the decision.
The political prisoner Sami Özbil staying in Kandıra F-type Prison No. 1 was not given appendices of the August-September edition of the journal Art and Life (Sanat ve Hayat). Muharrem Demircioğlu, editor of the journal stated that the book "Announcements, Statements of Intellectuals from 1950 to 2005" had been distributed with the journal and although no legal action had been taken against the book it had not been given to the prisoner since it allegedly endangered security.
The 9th Chamber of the Court of Cassation rejected the demand to lift the decision that restricted conversation among prisoners from five to two hours per week. The circular of the Justice Minister of 18 January 2002 and the Law to Fight Terrorism had set the time for conversations among prisoners to five hours, but the director of Kandıra F-type Prison had lowered the time to two hours in January. The Court of Cassation argued that the specific situation and the security had to be observed when programs were prepared for each prison.
Kocaeli F-type Prison
A letter that the prisoner Ümit İlter in Kocaeli F-type Prison received from Turan Tüysüz, deputy from Urfa and member of the Commission for Inspection of Human Rights in the GNAT, was reportedly censored. First the letter had been given to the prisoner who wanted to include a copy to a letter he wanted to send to a friend abroad. This time, the Commission on Letters in the Execution of Sentences Institution did not forward the letter. The commission objected to expressions such as "constant isolation leads to heavy problems of human psychology. harsh rule and arbitrary measure can give reason that prisoners feel hatred against the State, the institutions and the persons in these institutions."
Kürkçüler F-type Prison
In January the social and cultural rights of prisoners in Kürkçüler F-type Prison (Adana) were restricted. The weekly 5 hours for conversation and sports were restricted to 3 hours, the visits were restricted to one hour and soldiers were present during the visits. The prisoners also complained that they could not use the library and that the prices in the canteen were too high.
Lawyer Sedat Özkan stated that in July 65 prisoners had been deprived of all their social rights for one month because they sent an appeal to the prison administration asking for an improvement of the prison conditions of Abdullah Öcalan and an end to military operations. He added that three persons who had been remanded in June had been punished with unlimited isolation because they had sung Kurdish songs.
In September the prisoner Hüseyin Tiryaki sent a letter to the HRA in Adana and complained that he had been forced to stand until all prisoners had been counted. Prisoners who rejected to be counted were beaten in the corridor and punished with isolation.
Malatya Closed Prison
In August the prisoners Hamili Yıldırım, Bülent Atmaca, Ömer Hayri Konar, Hüseyin Sürgeç, Nevzat Üçen, Suat Daştan, Ali Çabuk, Mehmet Yoldaş, Ramazan Demir, Çetin İlkan, İsmail Tüzün, Kahraman Güvenç, Yahya Figan, Mustafa Hıdıri and Hüseyin Yeter were banned from visits for three months. They had issued a press statement on the situation of Abdullah Öcalan.
Mardin E-type Prison
23 prisoners who had protested the situation of Abdullah Öcalan and asked for an end to military operations with a hunger strike between 15 August and 7 September were banned from visits for one month. During the times they were not allowed to use common areas. The names of the prisoners were given as: Ramazan İldem, Mehmet İldem, Ferhan Ay, Salih Atlı, Cuma Tanırğan, Fırat Arzu, İsmet Çandak, Ayhan Bayar, Leşker Acar, Levent Cin, Mehmet Savur, Muhittin Piriçioğlu, Ramazan Özalp, Ahmet İzer, İsmet Aydın, Kamuran Yusuf, Ramazan Çetedir, Halis Geçger, Seyfettin Aydemir, Kenan Erdemir, Sabri Ürek, İsmail Sayır and M. Ali Yaşa. For the same reason Abdullah Oral, Kemal Zengir, Cafer Gül, İkram Gören and M. Nezir Gümüş received the same punishment and were transferred to Bolu F-type Prison.
Sincan F-type Prison
According to a report of the lawyer Mahmut Eldem, the prisoner Mahir Akkaya objected to taking off his shoes during a body search on 13 December 2004. Guardians dragged him over the ground. When his cell-mate Deniz Bakır, suffering from the Wernicke-Korsakoff syndrome, objected he was reportedly beaten. 
The disciplinary council in Sincan F-type Prison decided to "destroy" the comic journal "Take it easy" (Vız Gelir) published by prisoners in Sincan F-type Prison. The prisoners Kaan Ünsal and Kamil Karataş wanted to send it to relatives when the council objected to it since it belittled officials and supported death fast actions. The decision was taken on 23 March and included previous editions as well. 
On 8 August prisoners' relatives declared that the prisoners from the PKK in Sincan F-type Prison had received a ban of letters for 10 day and for phone calls and visits for 3 months. Lawyer Yekbun Geylani Arslan stated that six prisoners who had been sentenced to life imprisonment had been held in single cells for many days without a special reason.
Sincan F-type Prison No. 2
The prisoners Sabri Yakut, İdris Çalışkan, Teyfik Yaşlı, Hikmet Çalağan, Nidayi Tezel, Çetin Arkaş, Musa Altun, Mehmet Durak and Ali Dalo were transferred from Sincan F-type to Bolu F-type Prison in mid-August after they had refused to receive visitors in protest at the situation of Abdullah Öcalan.
Sivas E-type Closed Prison
Female prisoners in Sivas E-type Prison who had staged a 2-days' hunger strike in protest at the situation of Abdullah Öcalan were given disciplinary punishment of four months. During this time they cannot receive visitors (without supervision), make phone calls, send and receive letter and participate in social and sportive activities.
Tekirdağ F-type Prison
In March the Human Rights Investigation Commission in the GNAT published its report on Tekirdağ F-type Prison- The deputies who prepared the report were: Faruk Ünsal, Hakan Taşçı, Ahmet Koca and Özlem Çerçioğlu. The report suggested that health personnel should be in prison at all times. The working conditions of guardians were described as heavy to the effect that the "mood" of the guardians had a direct effect on the prisoners.
Prisoners from the Democratic Liberation Party (PRD) staged a hunger strike in Tekirdağ F-type Prison No. 2 for three days and were punished with bans on visits and phone calls for six months. The complaint was raised in May. The prisoners added that social activities should be held for five hours a week, but measures of the administration had restricted them to one to two hours per month. The prisoners also demanded a solution to their health problems and asked that the restriction on publications and visits should be lifted. 
The poster of Deniz Gezmiş, Yusuf Aslan and Hüseyin İnan, a supplement to the daily Evrensel of 7 May was not given to the prisoners in Tekirdağ F-type Prison. It was stated that the persons on the poster had in the past tried to split the country and the poster could be used for separatist propaganda.
On 30 July 30 prisoners in Tekirdağ F-type Prison started an unlimited hunger strike in protest at the new penal code and the Law on Execution of Sentences. On 31 July their cells were raided and they were taken to Bolu F-type and Tekirdağ F-type Prison No. 2. Memik Horoz, chief editor of the newspaper İşçi-Köylü, was among the prisoners transferred to Bolu.
According to an announcement of TAYAD the prisoners were handcuffed on their backs before transfer. They were not allowed to take their personal belongings with them. The prisoners Sinan Yıldırım, Cemal Ağırman and Ali Ercan Gökoğlu were injured. In Tekirdağ F-type Prison No. 2 the prisoners were held in single cells. They had been beaten when they shouted slogans on 31 July. The prisoners taken to Bolu F-type Prison were: Mehmet Kulaksız, Nurettin Erenler, Erdal Koç, Aslan Bahar, Hüseyin Özen and Taylan Aydoğdu. The prisoners taken to Tekirdağ F-type No. 2 were: Kenan Günyel, Ali Ercan Gökoğlu, Serdar Karaçelik, Tekin Tangün, Mustafa Tosun, Cemal Ağırman, Kaan Kurtuluş, Bülent Kemal Yıldırım, İnan Gök, Barış Ateş, Celal Yayla, Ercan Kutlu, Sinan Yıldırım, Osman Nuri Ocaklı, Ali Koca and Baysal Demirkan. 
Tekin Tangün, Ercan Büyüktaş and Taner Korkmaz made a statement on the incident after they had been released from Tekirdağ F-type Prison No. 2 on 3 August- Tekin Tangün said that the guardians had dragged the prisoners out of their cells and put into prison vehicles under beatings. He had only worn underwear and a pajama. Taner Korkmaz said that 30 to 40 guardians had come to his cell and threatened him. The prisoner Kemal Ayhan who had a bad leg had been tortured. 
The Association for Support of Prisoners' Families (TUHAD) issued a statement on 9 October to the effect that the prisoners in Tekirdağ F-type Prison No. 2 who had protested the situation of Abdullah Öcalan with a hunger streaks had been banned from free visits for one year and from phone, newspaper and communication for three months. Mehmet Sadık Ekinci who had been released from that prison some time ago said that they had not got hot water for four months. He complained that the prisoners could not communicate with each other. Medical treatment was a great problem and even people with heart problems came back without treatment. 
Four years in F-type prisons (Evrensel/ Serpil Savumlu - on 18 and 19 January 2005) 
Prisoners describe the time after the 19 December (2000) operation when they were taken to the isolation cells of the F-type prisons (summarized translation)
Eyüp Baş (Sincan F-type Prison) 
Various institutions were founded in the F-type prison and isolation was institutionalized. You have the disciplinary council, the letter reading council, the council for publications, experts for social services, psychological advice and so force. Letters are not forwarded not for any legal reasons but rather on religious grounds. Letters that we sent to friends in hospital were not sent stating that we tried to manipulate them on their death fast action and in writing we were told that it is up to the creator to give and take life.
Only in our prison there are 24 folders with complaints but there is not a single case in which we received a positive response. It is hard or impossible to change the room. First the person you want to be together with is inspected. Is s/he from an organization, or independent? And then they say that the criteria to change a room were not met, but they don't tell you what the criteria are.
If there is an inspection of the prison the food is good. Of course the director will take the inspecting people only to certain places in prison. On that day the common spaces are crowded and the workshops are busy. We have elected representatives, but the council does not listen to our representatives. Once Ali Suat Ertosun came with a delegation from abroad and asked to speak to our representative. He was told that this was the murderer of a minister and not worth talking to. 
One day everybody in prison was poisoned with food. We protested and were told that we have to apply in writing for treatment. At midnight we were taken to the infirmary. Soldiers were lying there and given serum. We only got pills against pain and were sent back. Halil Yiğit committed suicide because he was left on his own. 
Gamze Ünal (Gebze Prison) 
Communication is one of the greatest problems. According to circulars letters to our lawyers are private. But they are always opened and not sent. Letters we sent to the press are also prevented. If you have received one letter we have certainly sent 10. We started to write by name, but once the council found out who the person was the letters were not forwarded. 
We got a letter from a friend in another prison and she mentioned that they had been able to obtain a certain book. The administration of our prison wrote to the other prison that they were wrong in allowing such a book. It is up to them to determine what kind of book may be of "harm" for us, because we do not get books even if there is no ban on it.
Elif Akkurt (Elbistan Prison) 
When they show the F-type prisons on TV you can see tables with cloth and flowers, but we are not allowed to grow our own flowers. For a long time we were able to get newspapers such as Evrensel or Özgür Gündem. Reports about hunger strikes were either cut out or the whole page was missing. 
One day we were taken to court. At the end of the hearing we made the victory sign while we were handcuffed. Soldiers attacked us, but we were put on trial for having attacked the soldiers; 5 women attacked 20 soldiers. Male soldiers participate in the searches although this is forbidden.
Hakkı Akça (Tekirdağ F-type Prison)
Isolation has to be taken as a whole. You lose your personality, move away from your ideas and are not able to decide on your own life. Through the windows of the cells the guardians will look inside and give you the impression that you are under constant control. They even installed cameras in the vehicles for transportation. Although three people are in one cell it is forbidden to take joint photographs. 
If there was an urgent health problem we used to send facsimiles. Later we found out that it lasted 10 to 12 days until the letters reached their destination. We had problems in changing our places. The applications were rejected stating that for cultural, religious or economic reasons it was not possible to get together (with friends). A friend called Orhan set himself on fire because of problems related to isolation. In the wing where Osman was staying a phone was found on a person imprisoned on charges relating to the mafia. Therefore all the prisoners in that wing were beaten. Afterwards Orhan set himself on fire.
Yasemin Kardağ (Uşak Prison) 
After 19 December we were first taken to Manisa Prison. Many of us were injured. For a long time we did not get any newspaper. Evrensel and Gündem are not among the papers and when we asked we were told that these newspapers had not been delivered. We had to read the journals in 10 days. If we had not finished reading in 10 days the next edition would not be given to us. Yıldız Türkoğlu was diagnosed schizophrenic, but she got a report that she can stay in prison under constant observation of a physician. But there is no physician in the infirmary. Even the healthiest person can suffer psychological problems. That can show itself as buzzing in one ear, problems with sight or sensitivity against sounds. 
Sadık Çelik (Edirne F-type Prison) 
For six months I stayed completely on my own in a cell for one person. The radios in these cells are controlled from outside. This disturbed my sleep and affected my psychos. We built archives to develop ourselves and protect us politically. In the larger cells we used six batteries a week for listening to the radio but we were only allowed to buy four batteries from the canteen. We appealed to the Justice Minister but the application was ripped to pieces because we had signed it jointly. We filed an official complaint but the prosecutor said that there was no case to answer. He said that it was forbidden that prisoners formed groups with the aim to destroy the public order.
Evrensel-30 November 2005 F-type letters 
Özer Akdemir 
"I am writing to you since the friend who wanted to tell you about the incidents in Tekirdağ F-type Prison during the last month has a ban on writing." The person who wrote this letter and wanted to send it via lawyers visiting us was banned from communication for five months. His name is Hasan Rüzgar.
From the letter of Hasan Rüzgar:
When the ban was announced on 14 September 2005, prisoners protested by shouting slogans and banging the doors. Therefore, the area for getting fresh air was closed. On 31 August the prisoner Erdal Süsem wanted to give one of his budgerigars to another prisoner via visitors. He was not allowed to do so under the pretext that the bird might secure a political contact among prisoners.
The Prison Watch Commission of the HRA in İzmir gathered information from letters sent by prisoners. One of the changes with the introduction of F-type prisons is the fact that the prisoners have to pay for electricity, medicine and other expenses. If there is no common canteen the prisoners are forced to buy TV, refrigerator and heaters. 
Human Rights Association / 1 November – Bans on Prisons
Letters from relatives, the prisoners and their lawyers provide examples for needless bans in prison. (Summarized translation)
In Bolu F-type Prison the prisoner Taylan Balataca was not given the underwear relatives had provided because it was in green color said to be the color of the military. Only white and grey underwear is allowed.
In Tekirdağ F-type Prison many publications are not handed over to the prisoners although no legal action had been taken against the journals. In September the journal İşçi-Köylü was not given to the prisoners Bayram Kama, Doğan Akçiçek, Erdinç Yücel, Erkan Altun, Hasan Polat, Hasan Rüzgar, Hasan Şahingöz, Hüseyin Uzundağ, İsmail Yılmaz, Muhamet Akyol, Murat Karayel, Muzaffer Öztürk, F. Oğuz Arslan, Özgür Kabadayı, Resul Kocatürk and Şükrü Duman. The journal Kızıl Bayrak was not given to the prisoners Serdar Serbülent Sürücü, Bayram Kama, Hasan Polat, Ayhan Güngör, Erkan Altun, Şeraffettin Yer, Cemil Erdem, Şükrü Duman, Alaattin Öget and Hüseyin Akın. The journal Yeni Demokrat Gençlik was not given to the prisoners Bayram Kama, Erkan Altun, Erdinç Yücel, Hasan Polat, Hüseyin Uzundağ, Hasan Rüzgar, Hasan Şahingöz, İsmail Yılmaz, Muhammet Akyol, Muzaffer Öztürk, Murat Karayel, Resul Kocatürk, Serdar Serbülent Sürücü, Süleyman Şahin, Şükrü Duman, Özgür Kabadayı, Onur Öztanrıverdi and Veli Özdemir in August. Editin 71 of the journal Devrimci Demokrasi was not given to the prisoners Aydın Bulgucu, Nihat Konak, Süleyman Yılmaz Bulduruç and Veli Özdemir. The same happened to edition 70 of the journal Atılım, edition 17 of the journal Yürüyüş, edition 18 of the journal Azadı and edition 53 of the journal Özgür Gençlik. 
- the long list of letters from and to prisoners that were censored or destroyed is not included in the translation – 
On 18 August the prisoner Nihat Konak should be taken to court, but since he refused to loudly announce his military degree he was not taken to court. The same happened to Şükrü Duman on 13 September. 
Muzaffer Öztürk is held in a single cell because he was sentenced to aggravated life imprisonment. Objections against this decision were rejected on all levels, up to Tekirdağ Heavy Penal Court. The objection to this decision of 18 August has not been ended in a verdict yet.
Already in July many journals were not handed over to the prisoners in Tekirdağ F-type Prison and many letters were censored or destroyed.
From Tekirdağ F-type Prison No. 2 the prisoners Baysal Demirhan wrote that he has spent two of his three years in prison in a cell for one person. Every fortnight he would send appeals against this situation but each time his applications were rejected without a reason. In order to listen to the radio Baysal Demirhan had built an antenna from the paper of cigarette boxes but each time the guardians find it they destroy it. 
On 14 September the prisoner Memduh Kılıç wrote from Kırıklar F-type Prison No. 1. He stated that he has been imprisoned since 1992. In 1997, while staying in Çankırı Prison, he suffered from tuberculosis. For nine months he was treated with medicine, but when this treatment had no success he underwent an operation by taking away 2/3 of this left lung. A second operation was deemed too risky and Memduh Kılıç was transferred to Kırıklar F-type Prison. His complaints increased and he was taken to hospital again. In Tepecik Chest Hospital he was diagnosed to have mushrooms in his lung. Despite this fact Tepecik Chest Hospital concluded that his illness was not endangering his life. 
In June the problems in Tekirdağ F-type Prison 1 had already been the same as in July, August and September. According to the provisions of the Law on Execution of Sentences that entered into force on 1 June the administration wanted to transfer Ali Baba Arı and Hasan Şahingöz to single cells. On the way they were subjected to "physical torture". The same happened to Menderes Leyla. He was given reports by the infirmary and Tekirdağ State Hospital certifying traces of blows. 
The prisoners who protested the treatment of Menderes Leyla, Ali Baba Arı and Hasan Şahingöz were banned from communication for one or two months. This includes a ban on "free visits". The prisoners punished this way were Hasan Rüzgar, Şerafettin Yer, Ayhan Güngör, Selahattin Gedik, Ramazan Aydın, Erdal Süsem, Aydın Bulgucu, Özgür Eker, Murat Karayel, Cihat Özdemir, Süleyman Yılmaz Bulduruç, Ali Rıza Kaplan, Aligül Alkaya, Ahmet Doğan, Ongun Yücel, Habib Akkaya, Hasan Ergin, Murtaza Şahin, Muzaffer Öztürk, Bayram Kama, Yaşar Eriş, Süleyman Şahin, Memik Horoz, Nihat Konak, İsmail Yılmaz, Coşkun Akdeniz, Doğan Akçiçek, Hüseyin Uzundağ, Cihan Kahraman, Gökhan Oruç, Caner Uluç, Sinan Gülüm, Fatih Ergin Arpaç, Taylan Baltacı and Muhamet Akyol. (Decision of 15.06.2005 numbered 2005/25)
On 9 April the daily Radikal reported that Mustafa Gök was still imprisoned despite the fact that he had been diagnosed as suffering from the Wernicke-Korsakoff syndrome. He had participated in a death fast action in 1996 for 69 days and after the 19 December (2000) operation he had been released under the provision of Article 399/2 of the TCPC. On 14 February 2004 he had been detained again and in his trial (hearing at İstanbul Heavy Penal Court No. 11 on 8 April) the Court had now decided to get another medical report of the Forensic Institute.
- The report of the HRA made reference to this case but unfortunately without exact dates –
Instead of the remarks of the HRA on conscientious objector Mehmet Tarhan the report on his situation of Amnesty International of 9 December 2005 "Turkey: Conscientious objector Mehmet Tarhan is a Prisoner of Conscience and must be released now!" (AI Index: EUR 44/036/2005) is quoted:
Amnesty International is gravely concerned for the health and safety of conscientious objector Mehmet Tarhan, 27, who is currently serving a four-year sentence in Sivas military prison on two charges of insubordination after refusing to do his military service. During his imprisonment, Mehmet Tarhan has allegedly undergone severe ill-treatment. Furthermore, he is now facing a possible forced physical examination which would amount to cruel, inhuman and degrading treatment, as well as a breach of his right to privacy. Amnesty International considers Mehmet Tarhan to be a prisoner of conscience and calls for his immediate and unconditional release.
Mehmet Tarhan first expressed his conscientious objection to military service on 27 October 2001, when he stated at a press conference in Ankara, "I condemn every kind of violence and believe that joining or condoning violence will only result in new violence and everyone will be responsible for the consequences. I think that wars caused by power-mongering states are first and foremost a violation of the right to life. The violation of the right to life is a crime against humanity and no international convention or law can justify this crime, regardless of any rationale. I therefore declare that I won't be an agent of such crime under any circumstances. I will not serve any military apparatus." Following this declaration, he remained active in his anti-militarist activities. On 27 October 2004 he again publicly declared his conscientious objection. He was first detained in Izmir on 8 April 2005 and brought to a military unit in Tokat after he refused to cooperate with military orders. As a result he was held in the military prison in Sivas from 11 April until 10 June. He was allegedly subjected to severe beatings and death threats by other prisoners during his detention there. When Mehmet Tarhan informed prison authorities of the abuse, no immediate action was taken to ensure his safety and the abuse reportedly continued. After his lawyer learned about the abuse, she raised her concerns for his safety with the prison administration, eventually prompting their intervention.
Conscientious objection is not recognized in Turkish law. A case was opened against Mehmet Tarhan under Article 88 of the Turkish Military Penal Code (TACK) on charges of insubordination. This charge carries a penalty of between three months' and five years' imprisonment. At the hearing on 26 May 2005 observers noted that there were signs of bruising on Mehmet Tarhan's body and that he was unable to walk properly. The case was adjourned and the last hearing took place on 9 June. Observers noted that Mehmet Tarhan appeared physically weak. He had been on hunger strike since 26 May. The military prosecutor agreed to release Mehmet Tarhan on the grounds that he had already spent two months in prison, which is the period of time he would be required to serve if sentenced. However, upon his release, Mehmet Tarhan was called up to serve again, and again refused. He was arrested and held in the Military Prison of Sivas until his trial on 10 August, when he was given a prison sentence of two years for each charge of insubordination (totaling four years).
Amnesty International received reports that on 30 September 2005, a prison officer accompanied by at least three guards forcibly cut Mehmet Tarhan's hair and shaved his beard against his will while he was held down by at least seven people. The incident reportedly left Mehmet Tarhan in great pain in his neck, hands, left arm and left foot, and unable to turn his head fully. Furthermore observers reported that he had bruises on his limbs. On 1 October 2005, Mehmet Tarhan was reportedly transferred to a military hospital against his will and examined by two military doctors. However, following the examination, which appears to have been cursory (allegedly lasting 10 minutes), he was apparently given a medical report stating that there were no signs of beating on his body and sent back to the military prison. Such an examination would be in clear contravention of the Istanbul Protocol, which stipulates that medical examinations should be thorough and carried out by civilian doctors. Following this incident, Mehmet Tarhan initiated a second hunger strike in protest at the prison authorities' ill-treatment of him, and against the cramped, unhygienic conditions in which he was allegedly being held. According to reports, he was held in a small, dirty cell without windows, and was sometimes held in solitary confinement and denied his rights to make phone calls, receive reading materials and letters or see visitors for up to 15 consecutive days.
Amnesty International believes that the fact that Mehmet Tarhan has been tried and convicted twice for insubordination contravenes Article 14, paragraph 7 of the International Covenant on Civil and Political Rights (ICCPR), to which Turkey is a signatory, which states "No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure". The United Nation's Working Group on Arbitrary Detention, in its Opinion 36/1999 on a similar case of a Turkish conscientious objector, Osman Murat Ulke, found that his repeated objection to military service was "one and the same action entailing the same consequences and, therefore, the offence is the same and not a new one".
In the most recent development in Mehmet Tarhan's case, the Military Court of Appeal overturned on 2 November 2005 the four-year prison sentence imposed on Mehmet Tarhan on 10 August 2005 on two counts of insubordination, and returned the case to the Military Court of Sivas. The initial reasoning for this decision was the fact that the sentence was disproportionately high and therefore unfair. However, in the Court of Appeal's final written decision, the overrule was attributed to the fact that Mehmet Tarhan's homosexuality (the reason he may be regarded as "unfit for military service") had not been established via "proper physical examination procedures".
Amnesty International is seriously concerned at the implications of the court's decision, which may lead to Mehmet Tarhan undergoing an intrusive physical examination amounting to cruel, inhuman or degrading treatment. Homosexuality is not the grounds on which he stated his objection to military service. Instead, his objection is on grounds of conscience; he stated at his trial in August 2004, "Because I find it important to lead a humane life and as an indispensable precondition of this I feel that all humans should lead a humane life, I declare once again that I will never take orders and I will never give orders. I believe that discrimination and violence are crimes of humanity and in the name of avoiding committing this crime, I am determined not to be a part of the military which is an apparatus of violence based on hierarchy that imposes such hierarchical constructions over society, I am determined to disobey, and refuse to be transformed into a murder machine by taking a course in dying and killing." 
Amnesty International is concerned that the Turkish authorities are focusing on Mehmet Tarhan's sexual orientation as a means of avoiding the wider issue of conscientious objection to military service which is not recognized in Turkey. In effect, if Mehmet Tarhan were to "prove" his homosexuality either by providing the Turkish authorities with photographic evidence of himself engaged in sexual activity or by undergoing an anal examination, he would be confirmed as "unfit for military service" and his case dropped. However he remains in prison and Amnesty International continues to regard him as a prisoner of conscience.
Following the decision of the Military Court of Appeal, the case has been returned to the Military Court of Sivas, which will decide what action to take. Should it choose to follow the suggestion of the Military Court of Appeal, Mehmet Tarhan may be taken to military hospital for a physical examination. This hearing is scheduled to take place on 15 December 2005. Given the injuries that Mehmet Tarhan reportedly received whilst being forcibly shaved of his hair and beard, Amnesty International is extremely concerned for his physical and mental integrity should he undergo a forced anal examination. The Turkish military uses the Diagnostic and Statistical Manual of Mental Disorders dating from 1968 (DSM II), which defines homosexuality as a psychosexual disorder, and considers that those who have this "condition" are "unfit to serve". In contrast, the medical community uses DSM IV, which dates from 2000 and does not list homosexuality. Amnesty International considers that sexual orientation cannot be determined by physical examination or by viewing photographic evidence of sexual activity. The organization further considers it unethical for a doctor to give an internal examination without the consent of the patient without a compelling reason (e.g. grave danger to the patient or others). Amnesty International would consider any such examination to constitute cruel, inhuman or degrading treatment. In addition, the organization considers that such an examination would constitute a violation of Mehmet Tarhan's right to privacy as guaranteed by Article 17 of the International Covenant on Civil and Political Rights, to which Turkey is a state party. 
Mehmet Tarhan reportedly ended his 34-day hunger strike on 2 November 2005 after the meeting of his demands for legal action to be taken against those who forcibly held him down and shaved him, and for equal treatment to that of other prisoners. Following an investigation into the events reported by Mehmet Tarhan at Sivas military prison between 11 May and 10 June 2005, two prison officers have been indicted on charges of misconduct, and two of Mehmet Tarhan's fellow inmates have been indicted on charges of robbery linked to extortion. The case will be heard on 29 December 2005 at Sivas Military Court.
Additional remark: On 15 December Sivas Military Court insisted on its original verdict. Mehmet Tarhan was temporarily released from prison on 9 March 2006 when the Military Court of Cassation dealt again with his case.
Medical Neglect of Prisoners
On 4 January families of TAYAD held a press conference at the office of İstanbul Medical Association and presented the following information on the health of prisoners:
"In Tekirdağ F-type Prison the treatment of Orhan Eski suffering from paralysis of his face was delayed. In Kandıra F-type Prison the tools to measure the diabetes were not bought. The psychological treatment for Tahsin Akgün staying in Tekirdağ F-type Prison was not finished when he was transferred to Bayrampaşa. In Kırıklar Prison Sebahattin Filazoğlu does not receive the necessary care after an operation."
On 2 January members of the Union of Opponents to Isolation and the Law on Execution of Sentences stated that Filiz Gülkokuer (Gebze M-type), Mesut Deniz (Sincan F-type), Savaş Kör (Bayrampaşa) and Ersin Eroğlu (Kırşehir Prison) were so ill that they should not be imprisoned. The members of the Union pointed at Erol Zavar, former editor-in-chief of the journal Odak, who had to be under constant control in Edirne F-type Prison because he was suffering from cancer of his bladder.
On 27 February the daily Özgür Politika reported on Şemsettin Kurz in Bayrampaşa Prison on charges of being a member of KADEK. Because he was not treated his cancer of the lung reportedly got worse. Şemsettin Kurt had been imprisoned between 1992 and 1997 on similar charges and on 10 October 2003 he had been imprisoned again. During a hearing of 14 February İstanbul Heavy Penal Court No. 14 had decided to continue the proceedings without pre-trial detention.
In April Şafak Yıldız, lawyer of Erol Zavar, filed an official complaint against physicians and the administration of the hospital of the medical faculty in Edirne. The lawyer said that besides suffering from cancer of the bladder her client had got platinum in a broken leg and the piece had not been removed. Only when they appealed for treatment in Ankara the physicians had agreed to remove the piece of platinum.
In June the lawyer Yasemin Dora Şeker drew attention to the critical health of Mehmet Emin Özkan (66) in Kürkçüler Prison (Adana). He had been imprisoned since 1996 and was suffering from prostate, heavy breathing, insufficiency of his heart and high tension. She had applied to the State President and the Justice Minister, but had had no success and, therefore, had presented the case to the European Court of Human Rights.
In Adana the political prisoner in Kürkçüler Prison, Adem Aşan, was reportedly chained to his bed during treatment in Adana State Hospital. His mother Caziye Aşan stated that her son had to be treated with a dialysis machine. He had been detained on 24 March when he visited a private hospital and later had been remanded. Now he had to be taken to Adana State Hospital three times a week. "Earlier they only handcuffed one arm. Now both arms are handcuffed. In addition they tie his legs to the bed. During the treatment it may happen that he gets a cramp, but the commander refused to loosen the legs. When my son said that he better kill him instead of making him suffer such pain the commander said that he should because he was ill anyhow."
Güler Bilen, imprisoned in Sivas E-type Prison on charges of membership of the PKK, was not treated for problems with her heart valve for four years. In August the doctors in prison stopped the treatment stating that recovery was impossible under prison conditions. Her uncle Şehmus Şimşek applied to the State President, the Justice Minister and the HRA in Adana.
In October female prisoners in Sivas E-type Prison complained that ill prisoners were not treated. Aynur Epli had to undergo an operation and Hatice Çakmak was not treated although she had been ill for a long tome.
Also in October Mehmet Kino and Deniz Yüksel who had been remanded in Mardin E-type Prison for two months complained that the prisoners were not treated and the physician in the infirmary did not examine the patients but distributed pills that had strong side effects. The former prisoners also complained about bad food.
(Cumhuriyet-19 October) Oral Çalışlar/Column "Point Zero" /Prisons and humans 
This time I present a letter from Bolu F-type Prison, written by Cemal Ağırman. 
"Earlier I told you that our letters of complaint were destroyed. We managed to overcome this obstacle in getting a decision of the judge on execution of sentences. On 30 July we were forcibly transferred and since then we are held in single cells.
I told you about the marks on our bodies. We assume that they were noted in the infirmary. The prosecutor is still investigating and in an interim decision "marks of holding and bumps" were mentioned. However, many of us had marks such as heavy bruises, open wounds, abrasions and clots. The names of the injured prisoners are (no translation of the detailed injuries):
Ali Koca, Kaan Kurtuluş, Serdar Karaçelik, İnan Gök, Ali Ercan Gökoğlu, Celal Yayla, Kenan Günyel, Cemal Ağırman, Bülent Kemal Yıldırım, Ercan Kutlu, Mustafa Tosun, Baysal Demirhan, Osman Nuri Ocaklı.
Relatives of Prisoners
On 6 April Trabzon Penal Court No. 1 started to hear the case of TAYAD members who had been attacked in a lynch attempt when the distributed leaflets about Trabzon Prison. Zeynep Ertuğrul, Nurgül Acar, Emre Batur and İhsan Özdil were charged with insulting officials on duty and staging an illegal demonstration. On 23 June the defendants testified and stated that the incident had been provoked by the police.
Zeynep Ertuğrul said that she had been there as a journalist of Ekmek ve Adalet. There had been no demonstration because the others had only distributed a special bulletin of TAYAD.
"They distributed the bulletin at different places. Two police officers asked whether the action was legal and that they were not sure whether this might be an action of the PKK. These words provoked the people around. While the friends tried to explain that it was a legal action some 15 to 20 people beat them. A person with the name of Ergün Kara pointed at me and accused me of being a member of the PKK. He hit me twice and the others hit me too. There were many plain clothed detectives around, but they did not interfere, the traffic police did."
Another hearing was held on 9 September. The trial did not conclude in 2005.
On 15 April TAYAD members protested the incidents in Trabzon and Adapazarı by chaining themselves to the GNAT. The police detained them. On 16 April Deniz Arık, Nurşen Toksoy and Didem Akman were remanded.
Ali Akpınar, father of Hüseyin Akpınar in Tekirdağ F-type Prison and suffering from the Wernicke-Korsakoff syndrome, complained that he could not visit his son, because he could not pass the x-ray because of a battery to his heart. On 31 March he had shown the medical report and asked the persons on duty to search him with their hands but they had refused him entry to prison.
On 4 June the police in Adıyaman intervened when a group of members of the Association of Basic Rights and Freedoms wanted to hold a press conference in front of the office of AKP in protest at the pressure in the prisons. The police detained Yılmaz Kaya, Erhan Yücel, Servet Yücel, Nevzat Bozkurt, Nihal Çalışkan, Ali Yasacı, Ali Kaçak and Adnan Demirhan.
In Batman İslam Koyuncu and Mehmet Gidici, officials of the prisoners' support association TUHAY-DER were released from prison on 3 May. They had been remanded after having participated in a protest at the measures against Abdullah Öcalan.
On 28 June 11 members of two prisoners' support associations (TUHAY-DER and TUAD) were detained after a press conference in front of Tekirdağ F-type Prison.
The Socialist Platform of the Oppressed (ESP) staged an action on the Bosphorous Bridge on 1 November to draw attention to the situation in the prisons. The police intervened and detained Emine Güngör, Ağca Kaplan, Tuğba Gümüş, Arzu Baysungur, Güneş Şenyüz, İbrahim Uçar, Fırat Çağla, Cengiz Özgül, Hüseyin Güneş, Emrullah Avcı and Abbas Duman.
On 27 November members of the ESP visited the grave of Tuncay Yıldırım in Çanakkale. He had died in a death fast action on 21 March 2002. The police detained 25 persons including the İzmir representative of the journal Atılım, İsminaz Ergün under beatings. 
Court cases on Incidents in Prison
Çanakkale E-type Prison 
On 5 January the trial against 154 prisoners and 563 security officers charged in connection with the 19 December 2000 operation in Çanakkale E-type Prison continued at Çanakkale Heavy Penal Court No. 1.
During the hearing 15 members of the fire squad were heard as witnesses. One of them, Necat Yılmaz said: "It should have been the last day of the operation. The governor, the chief prosecutor and the general on duty went inside towards the coal room. One police officer who was filming said that someone inside had a weapon. At this moment one window was broken and I heard shots. One police officer who changed his place was hit. After that two more shots were fired."
During the hearing lawyer Behiç Aşçı said that the images on the CD they had received during an earlier hearing did not show everything. The witnesses had made clear that the police headquarters also filmed the scene. Aşçı demanded that the films be ordered as evidence and asked that Hikmet Sami Türk, at the time Minister of Justice, be heard as witness. This demand was rejected.
During the hearing of 2 February the defendant Yıldız Bağuç (not remanded) said: "The operation started at 4am. We barricaded the doors with beds and wardrobes. On the first day the wards were hosed with water and foam. On the second day they used heavy machines to break down the walls and roofs. I heard Fidan Kalşen saying that she would burn herself if the security forces entered. Then she set herself on fire. On the third day I was hit with a bomb thrown from the roof and was temporarily paralyzed."
Lawyer Behiç Aşçı demanded that an on-site inspection should be held and further evidence such as phone or walkie-talkie conversations should be obtained and Hikmet Sami Türk be heard as witness. The demands were rejected. The Court ordered the release of Muharrem Güzel, Ali Osman Köse, Ali Rıza Seçik, Hülya Aydoğan, Günay Eren, Mehmet Karaman and Veysel Şahin so that no defendant remained in pre-trial detention related to this trial.
Further hearings were held on 22 September and 29 November. The last hearing was adjourned to 7 February 2006.
Diyarbakır E-type Prison
On 26 January Diyarbakır Heavy Penal Court No. 3 continued to hear the case of 72 defendants (1 physician, 6 guardians, 36 police officers and 29 soldiers) charged in connection with the attack on prisoners on 24 September 1996 that had resulted in the death of 10 of them.
In summing up the case the prosecutor stated that the defendants had exceeded the limits of self defense and caused the death of 10 people. Under Article 452/1 TPC he demanded sentences of 8 years' imprisonment for 54 defendants for having caused the death of the prisoners, but he also asked to reduce the sentences by half because the offence had been committed under heavy provocation. The prosecutor asked for acquittal of two security officers and for the other defendants including the physician he argued that the statute of limitation had been reached. They were accused of no direct involvement in the killing.
Acting for the sub-plaintiffs lawyer Sezgin Tanrıkulu said during 47 hearings so far the panel had changed 20 times and that it was time to reach a verdict. The hearing of 20 April was adjourned to 6 June to wait for new legislation entering into force. 
After a further hearing in January 2006 Diyarbakır Heavy Penal Court No. 3 announced its verdict on 27 February 2006. The Court acquitted three defendants and decided on the statute of limitation for seven defendants. A total of 62 defendants were sentenced to five years' imprisonment, but since the offence was committed before 1999 none of them will have to serve that sentence.
Bayrampaşa Prison
On 28 January Eyüp (İstanbul) Penal Court No. 3 held a hearing on 167 prisoners, 31 of them women, charged with rioting during the 19 December 2000 operation. During the hearing of 17 June the Court decided to hold an on-site inspection. The inspection was carried out on 23 September. At the pipe of the heating system and the door to ward C traces of shots were detected. During the inspection defendants Münire Demirel stated that the operation began at 4.45am when they heard shots and heavy machines. From the roof soldiers had been firing at them and thrown gas bombs. The defendant Fazıl Ahmet Taner said that after the call to surrender they had not been given any time. The other defendants confirmed that no warning had been made before the shots had been fired. They added that two weeks before the operation there had been a search in the prison and there had been no arms inside.
During the hearing on 28 October the defendants Mehmet Güvel, Sevgi Tağaç, Yıldıray Alanbay, Erkan Erdem and Fatma Güzel testified. Sevgi Tağaç said that she could not have surrendered since she already was in a prison and the door to the outside had been closed. They had rescued themselves by moving downstairs since shots and bombs had come from the roof. 
On 4 October Eyüp Heavy Penal Court No. 3 continued to hear the case of 1,615 officers on duty, 1,440 of them soldiers of the gendarmerie. They had participated in the 19 December 2000 operation in Bayrampaşa Prison. The Court issued orders for apprehension on 155 guardians who had not yet testified. 
Ankara Central Closed Prison
On 17 March Ankara Heavy Penal Court No. 6 continued to hear the case of 161 soldiers charged in connection with the attack of 26 September 1996. Cenker Aslan who had been in that prison at the time was heard as witness. The charges in this case that did not conclude in 2005 are related to 5 of the 10 killed prisoners being the victim of the soldiers and the other five prisoners having allegedly been killed by other prisoners.
Ümraniye Prison
On 27 January Üsküdar Heavy Penal Court No. 2 continued to hear the case against 276 security officers charged in connection with the 19 December 2000 operation in Ümraniye Prison. Members of TAYAD were not allowed to attend the hearing as observers. During the hearing the defendants Sadık Düzgün, Mehmet Çamcı, Gazi Duran and Erol Vuran were heard. Sadık Düzgün stated that they had followed orders given to them over walkie-talkie. They had not been armed and not used arms. 
During the hearing of 29 April the witness Muhlise Güneş said that they had been subjected to assault and violence when they were taken out of the prison and in the vehicle.
On 12 December Üsküdar Heavy Penal Court No. 1 continued to hear the case of 399 former prisoners in connection with the incidents in Ümraniye Prison on 19 December 2000. The Court issued order for apprehension of those defendants whose testimony had not been taken.
Burdur Prison
On 30 March the prosecutor's office in Burdur decided against charges on 415 soldiers of the gendarmerie who had participated in the operation in Burdur Prison on 5 July 2000. In the decision not to prosecute anyone it was said that the soldiers entered the prison because the prisoners refused to leave their wards when they were asked to testify on charges originating from İzmir State Security Court. The prisoners had refused because they had not been able to talk to their lawyers. The prosecutor further argued that the passive resistance had changed to active resistance when the soldiers entered the prison. In order to prevent casualties the security forces had only opened one hole in the wall. The arm of Veli Saçılık had been torn off because of his aggressiveness, according to the prosecutor's decision. On the allegation of rape of Azime Arzu Torun the report of the prosecutor stated that there was no evidence in the file to support this allegation. 
Veli Saçılık
In February the expert opinion on the request of Veli Saçılık for compensation from the Justice Ministry, the Ministry for the Interior and the Health Ministry for losing his right arm during the operation in Burdur Prison was announced. The report concluded that Veli Saçılık had lost two thirds of his ability to work and should be compensated with 121,240 YTL. The report also stated that Veli Saçılık was not responsible for losing one arm. In June Antalya Administrative Court decided that the Justice and the Ministry for the Interior have to pay compensation of 100,000 YTL in material and 50,000 YTL in moral damage. 
The Küçükarmutlu Trial
In February the Court of Cassation quashed the verdict against 16 defendants charged in connection with a police operation against a house in Küçükarmutlu where several people conducted a death fast action. The police operation of 5 November 2001 had resulted in the death of four people (Arzu Güler, Sultan Yıldız, Bülent Durga and Barış Kaş). The Court of Cassation ruled that the defendants could not be sentenced as members but only as supporters of an illegal organization.
On 25 February 2004 İstanbul State Security Court had sentenced Zeki Doğan, Sinan Tökü, Güzin Tolga, Eylem Göktaş, Ahmet Güzel, Gamze Turan, Vedat Çelik, Selma Kubat, Dursun Ali Pekin, Halil Aksu, Haydar Bozkurt, Hakkı Şimşek, Hüseyin Akpınar, Madımak Özen and Serap Boyoğlu to 12 years' and 6 months' imprisonment for membership of an illegal organization. The files of Serhat Ertürk, Özkan Güzel, Halil Acar and Engin Karagöz had been separated.
On 10 June İstanbul Heavy Penal Court No. 14 started the re-trial of (now) 19 defendants. The trial did not conclude in 2005.

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