Life imprisonment in Turkey
Encyclopedia
Life imprisonment in Turkey is a legal form of punishment
and the most severe form of punishment. In most cases life imprisonment replaced capital punishment
. Law 4771 of 3 August 2002 abolished the death penalty for peace time and replaced capital punishment with life imprisonment for 17 provisions of the Turkish Penal Code. Law 5218 of 14 July 2004 abolished the death penalty completely. This law provided that in some 40 provisions of the Turkish Penal Code and other laws such as the Law on Forests the death penalty was replaced by aggravated life imprisonment (tr: ağırlaştırılmış müebbet ağır hapis cezası).
The Law 5275 on the Execution of Sentences provides that prisoners sentenced to aggravated life imprisonment are held in rooms for one person and are allowed one hour of open air or sports per day. Under subparagraph c), prisoners serving aggravated life imprisonment may have their daily one-hour open-air exercise and sports period extended and may be allowed to engage in limited contact with prisoners accommodated in the same unit, depending on the risk factors, security requirements and the efforts and good behaviour they demonstrate in rehabilitation and educational activities. Under subparagraph d), such prisoners may engage in a trade or occupational activity considered suitable by the administrative board, if conditions in the place where they are held so permit. They can make phone calls of 10 minutes length every fortnight and receive visits of one hour's length every two weeks. The Committee for the Prevention of Torture
(CPT) considers that the very philosophy underlying Article 25 of Law 5275 should be rethought. The decision whether or not to impose an isolation-type regime should lie with the prison authorities and always be based on an individual risk assessment of the prisoner concerned; further, the regime should be applied for as short a time as possible, which implies that the decision imposing it should be reviewed at regular intervals.
Article 107 LES also provides that released prisoners are subject to a supervision period (tr: denetim süresi) that lasts half of the time spent in prison. Only after this period the sentence will count as being executed. Paragraph 16 of Article 107 LES provides that people convicted to aggravated life imprisonment for crimes specified in the Turkish Penal Code in volume two, section four on "crimes again the security of the State" in chapter four on "crimes against the Constitutional order" and chapter five on "crimes against national defence" the provisions on conditional release do not apply (i.e they stay in prison until death) unless pardon by the President.
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
and the most severe form of punishment. In most cases life imprisonment replaced capital punishment
Capital punishment in Turkey
As of 2004, Turkey does not have capital punishment. Since October 1984, Turkey has not executed any prisoners. Prior to that date executions would usually happen after military interventions. Adnan Menderes, who served as Prime Minister was hanged on 17 September 1961 following the 1960 coup...
. Law 4771 of 3 August 2002 abolished the death penalty for peace time and replaced capital punishment with life imprisonment for 17 provisions of the Turkish Penal Code. Law 5218 of 14 July 2004 abolished the death penalty completely. This law provided that in some 40 provisions of the Turkish Penal Code and other laws such as the Law on Forests the death penalty was replaced by aggravated life imprisonment (tr: ağırlaştırılmış müebbet ağır hapis cezası).
New laws since 2005
On 1 June 2005 a number of news laws such as a new penal code (Law 5237), a new code of criminal proceedings (Law 5271) and new law on the execution of sentences (Law 5275) entered into force. Articles 45 to 52 of the Turkish Penal Code (TPC) of 2005 divide sentences into imprisonment, community service, and fines. Imprisonment is divided into life imprisonment and termed sentences of imprisonment. Indefinite sentence in Turkey do not exist. Article 47 TPC states that life imprisonment will last for a whole life.The Law 5275 on the Execution of Sentences provides that prisoners sentenced to aggravated life imprisonment are held in rooms for one person and are allowed one hour of open air or sports per day. Under subparagraph c), prisoners serving aggravated life imprisonment may have their daily one-hour open-air exercise and sports period extended and may be allowed to engage in limited contact with prisoners accommodated in the same unit, depending on the risk factors, security requirements and the efforts and good behaviour they demonstrate in rehabilitation and educational activities. Under subparagraph d), such prisoners may engage in a trade or occupational activity considered suitable by the administrative board, if conditions in the place where they are held so permit. They can make phone calls of 10 minutes length every fortnight and receive visits of one hour's length every two weeks. The Committee for the Prevention of Torture
Committee for the Prevention of Torture
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment or shortly Committee for the Prevention of Torture is the anti-torture committee of the Council of Europe...
(CPT) considers that the very philosophy underlying Article 25 of Law 5275 should be rethought. The decision whether or not to impose an isolation-type regime should lie with the prison authorities and always be based on an individual risk assessment of the prisoner concerned; further, the regime should be applied for as short a time as possible, which implies that the decision imposing it should be reviewed at regular intervals.
Pardon and Conditional Release
Article 107 of the Law on the Execution of Sentences (LES) provides that in case of good conduct (tr: iyi hâl) prisoners may be released on condition. In cases of rehabilitation, ill health, or permanent disability, the President of the Republic may pardon inmates. Prisoners sentenced to life imprisonment can be pardoned after 30 years (36 years, if the person received the sentence more than once). All other people sentenced to terms of imprisonment can be paroled after they spent two thirds of their sentence in prison. In the above terms listed, the President may pardoned in cases of termed imprisonment before two thrids of the sentence.Article 107 LES also provides that released prisoners are subject to a supervision period (tr: denetim süresi) that lasts half of the time spent in prison. Only after this period the sentence will count as being executed. Paragraph 16 of Article 107 LES provides that people convicted to aggravated life imprisonment for crimes specified in the Turkish Penal Code in volume two, section four on "crimes again the security of the State" in chapter four on "crimes against the Constitutional order" and chapter five on "crimes against national defence" the provisions on conditional release do not apply (i.e they stay in prison until death) unless pardon by the President.