MRAP calls on the UN to visit Imrali

MRAP brought the Imrali isolation issue to the UN Human Rights Council sessions, calling on the UN Committee Against Torture to urgently visit the prison island.

The 57th Human Rights Sessions of the UN Human Rights Council, which started on 9 September at the United Nations Geneva Office and will end 9 October, continue with discussions on human rights violations in various countries.

The People's Friendship Movement Against Racism (MRAP) submitted a written declaration to the sessions, drawing attention to the unlawful practices implemented by the Turkish state against the Kurdish people and the torture conditions to which Kurdish People's Leader Abdullah Öcalan is being subjected.

MRAP drew attention to the fact that the Turkish state has been violating its own constitution and international human rights law. MRAP said in its declaration: "By violating the very Constitution of the State and international human rights law, the Turkish government continues to implement a longstanding discriminatory and oppressive policy towards Kurdish people in all aspects of life, which leads to the violation of a large range of fundamental rights: civil and political rights, as well as economic, social and cultural rights, including the right to development.

Although there is no legal obstacle, listening to Kurdish music and displaying folklore are considered crimes. Concerts of Kurdish artists or those who are alternative to the government are being canceled. Practicing Kurdish music and dances can lead to arrest and imprisonment."

The declaration added: "On 25 July 2024, nine Kurdish youths in Mersin were singing Kurdish songs and dancing on the seaside. When some individuals recorded the dancers and posted it on social media, the nine Kurdish youths were detained and arrested by the Turkish police on charges of 'terror propaganda.'

Following the incident in Mersin, the Turkish state started to make arrests in many provinces using Kurdish music and dance at weddings as a pretext. For example, in the Kurtalan district of Siirt, six women were arrested and detained at a wedding for singing Kurdish music and dancing, after being targeted on social media by some racist groups. Similarly, in the Dogubeyazit district of Agri, six people were arrested and detained for wearing traditional clothing and dancing at a wedding.

The Turkish government takes a racist approach to all cultural symbols such as Kurdish clothing and folklore, using them as grounds for imprisonment."

Discriminatory Application of Penalties

MRAP said that "discrimination and oppression are applied perniciously, hidden from view, in prisons, where Kurdish and democratic political prisoners and those convicted of common crimes are treated very differently.

Arbitrary pressure is exerted on Kurdish politicians using the Anti-Terror Law and the Regulation on the Management of Penal Institutions and the Execution of Sentences and Security Measures."

According to official data, there are approximately 340,000 detainees and convicts in Turkey, a number that is continuously increasing. The construction of 58 new prisons by the end of 2026 is a matter of serious concern for civil society organizations and families of convicts, fearing that "S" and "Y" Type high-security prisons, intended for political detainees, will lead to psychological and physical torture.

Underlining that "in 2004, the death penalty was completely abolished in Turkey and replaced with aggravated life imprisonment. Regulated by Article 5275 of the Law on the Execution of Sentences and Security Measures," MRAP said that "aggravated life imprisonment is applied differently to political prisoners compared to other convicts. Extreme measures are taken against those detained for political reasons. They are kept in solitary cells and are allowed one hour of outdoor exercise per day if they have not received disciplinary punishments, which are applied arbitrarily."

According to Law No. 5275, those sentenced to aggravated life imprisonment will stay in high-security prisons for life, losing their freedom indefinitely. In contrast, those convicted of other crimes can be released after 24 years of imprisonment if they receive aggravated life imprisonment and after 30 years if they receive life imprisonment, subject to the decision of the Prison Observation Boards.

MRAP said: "This law is known as the Abdullah Öcalan Law. It was enacted to ensure that Abdullah Öcalan, who has been in Imrali Island prison since 1999, spends the rest of his life in prison.

This law is applied to all those sentenced to aggravated life imprisonment, eliminating their right to hope and constituting a form of torture."

Disciplinary Punishments and Isolations as a Form of Torture

MRAP added: "Disciplinary measures are taken, with a racist approach, for reasons such as practicing Kurdish cultural activities (songs, dances, poetry, etc.) or refusing mouth searches when going to the hospital, not standing during roll calls, and participating in hunger strikes against the arbitrary practices and torture. Those subjected to disciplinary punishments are placed in isolation cells, communication with their families and lawyers is cut off and their weekly phone calls are blocked.

This policy is strictly applied to Abdullah Öcalan, Omer Hayri Konar, Veysi Aktas, and Hamili Yildirim in Imrali Island High Security prison. Since 15 February 1999, Abdullah Öcalan has been placed in a isolation cell, facing continuous disruptions in lawyer and family visits. Since 25 March 2021, no information has been received about Abdullah Öcalan and the three other detainees. Prolonged isolation and arbitrary extension of imprisonment are considered as torture."

Ill prisoners

According to data from the Turkish Human Rights Association and the Association for Solidarity with Prisoners' Families, there are 1517 sick prisoners, 651 of whom are seriously ill.

MRAP said that "prisons lack adequate treatment conditions. Prisoners avoid going to hospitals due to provocative and degrading practices such as mouth searches, handcuffed examinations, and other humiliating behaviors."

MRAP once again underlined that "despite the fact that Turkey is a party to several international human rights treaties, for several years the authorities have failed to implement the decisions taken, or the recommendations made by the European Court of Human Rights, the Council of Europe Committee for the Prevention of Torture (CPT) and the UN human rights mechanisms and Bodies."

MRAP made the following recommendations: 

"Abide to the Treaties to which it is party; implement the decisions rendered, and the recommendations made by European Bodies that monitor the application of these treaties; to implement the decisions rendered, and the recommendations made by the UN human rights mechanisms (Special procedures and Treaty Bodies)."

MRAP also called upon "the concerned Special procedures to pay particular attention to the situation in Turkey and the Sub committee on Prevention of Torture (SPT) to request an urgent visit to Imrali prison."