Justice is not about imprisonment, but ending unlawful punishment
Lawyer Ömer Taş from the ÖHD Prison Commission said that the solution lies in preventing unjust detentions, not in building more prisons.
Lawyer Ömer Taş from the ÖHD Prison Commission said that the solution lies in preventing unjust detentions, not in building more prisons.
Turkey is turning more and more into a country of prisons. According to the latest data from the Ministry of Justice, there are 405 prisons in Turkey with a total capacity of 301,397 people. However, as of February 392,456 individuals are being held in these prisons.
The ruling AKP (Justice and Development Party) continues to govern Turkey using coup-era laws to maintain its grip on power. Utilizing the judiciary and law enforcement to instill fear and exert pressure on society, the government has reached a point where it no longer hesitates to imprison even those it merely perceives as opponents.
392,000 people are held in prisons
The government, which opens new prisons every year, has turned these prisons into tools of repression and silencing. The number of citizens who have been imprisoned, even briefly, simply for expressing their opinions is approaching half of Turkey's population. According to data from the Civil Society of the Penal System Association (CISST), there are currently 405 operational prisons in Turkey. Among them, 273 are closed prisons, while 99 are open prisons.
In addition to these, there are four juvenile education centers, twelve closed women’s prisons, eight open women’s prisons, and nine closed juvenile and youth prisons. Although the total capacity of operational prisons is 301,397, due to the AKP's detention policies, prisons now hold 392,456 detainees, exceeding capacity by 30%, according to CISST data as of February. CISST also highlights a 4.07% increase in the number of detainees aged 12-18, with the proportion of incarcerated girls reaching 55%.
However, the AKP government does not seem to consider the existing prisons and inmate numbers sufficient. From the 2025 budget, 1.213 billion TL has been allocated to the Ministry of Justice for the construction of 11 new prisons. According to the ministry, these prisons, expected to be completed by 2027, will have a total cost of 23.585 billion TL. Notably, the prison to be built in Siirt alone has been allocated 500 million TL.
Attorney Ömer Taş from the Prison Commission of the Lawyers for Freedom Association (ÖHD) Istanbul Branch spoke to ANF about the government’s prison policies.
Turkey has increasingly become a prison state, where the government now imprisons anyone it perceives as an opponent or a threat. It has been stated that the number of detainees has exceeded twice the capacity of existing prisons. Is such a high number of inmates normal, and does it not create significant problems within the prison system?
To begin with, I should say that my evaluation will focus on those who have been imprisoned or convicted due to their political identity or opinions. Today, whether they are politically engaged or not, nearly the entire society in Turkey is aware that even expressing an opinion can be treated as a crime. The growing awareness among citizens is a direct result of increasing oppression and intimidation policies. It is undeniable that Turkey has reached a point where freedom of expression is systematically violated, and individuals are imprisoned simply for their thoughts. Those who genuinely oppose the government and openly expose its failures are now under the constant threat of arrest and sentencing. As a result, the number of individuals detained solely for expressing their views has reached astronomical levels. This, in turn, severely impacts living conditions in prison wards and restricts access to healthcare services.
Through judicial mechanisms, almost everyone who stands trial ends up being arrested. Why is the government following this approach?
As a principle, judicial power should be exercised through independent courts. However, in countries where freedom of thought and expression is severely restricted, it is impossible to speak of independent courts. The current state of the judiciary in Turkey perfectly reflects this reality. Therefore, it is unrealistic to say that courts and judges operate without being influenced by government narratives. In fact, most political detention rulings fail to meet even the minimum legal criteria required by law.
The government has increasingly exercised its power arbitrarily, particularly in recent years. Instead of asking "Why is the government following this approach?", we should instead ask "How is the government able to follow this approach?". When a ruling power is unchecked by either the judiciary or the opposition, it creates the conditions for absolute arbitrariness. As a result, the arrest of any citizen who speaks out against the government or its actions becomes a stark possibility.
Prison wards and cells are overcrowded, exceeding their intended capacity. Beyond the judicial aspect, doesn’t the sheer number of detainees create other issues, such as limited access to healthcare and the spread of infectious diseases?
We briefly addressed this in the previous question, but I believe it would be helpful to provide a more detailed example based on a specific case. A client of ours, who is being held for political reasons, fell ill. Due to the prison administration's failure to respond to his medical requests on time, he was diagnosed with pneumonia. Despite multiple medical prescriptions, he was denied access to the necessary medication.
This case is just one example among many; we have encountered dozens of similar incidents. Instead of continuing mass detentions, the priority should be to improve the conditions of the existing prisoners.
Do you believe building more prisons is a solution, or is there another way?
Rather than increasing the number of prisons, I have been questioning whether prisons are even necessary at all. Imprisonment is not the only way to rehabilitate a person. True rehabilitation comes through instilling values such as education, peace, justice, and freedom in society. I must clarify that when I refer to rehabilitation, I mean helping those convicted of criminal offenses such as theft or fraud reintegrate into society. However, those who are imprisoned due to their political beliefs or stance do not need rehabilitation. Thus, I firmly believe that the solution is not to build more prisons, but rather to put an end to unjust and unlawful detentions and convictions, ultimately reducing the number of people incarcerated.