Amnesty International has written to the Turkish Minister of Justice, Sadullah Ergin expressing concerns over a draft bill which –it underlined- may violate the rights of prisoners to access their lawyers and have contact with their families.
The draft bill which was conveyed by AKP Group Chair Ahmet Aydýn on 18 January proposes a legal ground to the isolation of PKK(Kurdistan Workers’ Party) leader Abdullah Öcalan.
Amnesty International expressed concerns that the amendments, if passed, may be applied arbitrarily and not subject to effective appeal, violating prisoners’ rights to access lawyers and family members.
The right to confidential counsel with chosen representatives must not be subject to unreasonable restrictions, noted the organization and said that;
Amnesty International has long held concerns that under existing legislation prisoners’ rights are violated, that punishments are arbitrarily applied and that appeal against the imposition of punishments is not effective. The amendments do not contain sufficient safeguards against arbitrary application of the ban on access to lawyers and others.
Government statements have indicated that the draft law is aimed at preventing jailed PKK leader Abdullah Öcalan from meeting with his lawyers and others. Amnesty International highlighted its concerns that Abdullah Öcalan has repeatedly been denied the opportunity to meet with his lawyers or family members. Reported justifications for preventing such visits have been that weather conditions prevent access to the prison island of Ýmralý or the nonfunctioning of the boat to access the island. In this context Amnesty International is concerned that the amendments would serve as a further justification to prevent Abdullah Öcalan’s access to lawyers and family members. Furthermore, in the past, Abdullah Öcalan’s allegations of ill-treatment were communicated by his lawyers. Any ban on his access to his legal representatives would severely curtail his ability to complain against such incidents in the future.
In its letter, Amnesty International outlined the responsibilities of Turkish authorities on the rights of prisoners as set out in the UN Body of Principles for the Protection of All Persons under any form of Detention or Imprisonment.
The organization stated that the proposed amendments and their potential arbitrary implementation fall outside these principles and called on the Minister of Justice to ensure that any new legislation clearly defines the circumstances in which the right to access a lawyer of choice may be restricted, as well defined and effective appeals process must preserve the essence of the right to effective and independent legal counsel.