ADANA - Stating that the regulation envisaging the changes in the law of execution is against the principle of equality, Adana Bar Association Human Rights Commission Chairperson Nurettin Tanış said: "There is a need for libertarian laws based on justice that concern all segments  of society."

 

Adana Bar Association Human Rights Commission President, Lawyer Nurettin Tanış, evaluated the law on regulation of execution, which was submitted to the Parliament on 31 March by the AKP-MHP and excluding political prisoners. Evaluating the law as a partial and inadequate regulation, Tanış stated that the changes made due to the coronavirus (Kovid-19) outbreak are clearly in violation of the principle of equality regulated in Article 10 of the Constitution.

 

THE RIGHT TO LIFE IS VIOLATED

 

“In terms of the right to life, no discrimination can be made among people and in case there of discrimination it will be clear that the right to life will be violated by the state. "It is anticipated that some crimes will be reduced with the introduced law proposal" stated that the health and right to life of every individual is sacred and the state has an obligation to protect these rights. Indicating that the exclusion of political prisoners means that enemy law comes into effect, Tanış said that the epidemic was turned into an opportunity for some people, but that it should include all prisoners.

 

PERMANENT SOLUTIONS MUST BE PRODUCED

 

Stating that the Anti-Terrorism Law (TMK) is open to interpretation, Tanış said the very essence of the TMK law must be changed and the government should regulate this laws in a more libertarian way but instead they are applying enemy law to the citizens. Tanış said: "The current government imposes enemy law on all opponents who do not think like them, and makes the changes they desired with bag laws as they want. This is unacceptable in a state of law. While the laws should be implemented for everyone, arbitrary arrangements are made by deviating from the principles of the rule of law. We think that many laws, primarily TMK, should be changed within the scope of libertarian and universal laws. With the changes in the law of execution that is planned to be made, permanent solutions are not produced. This government continues its existence by violence. This attitude is unfortunately a death warrant for convicts and detainees in prison. ”

 

 

He also pointed out that every measure taken by the state regarding coronavirus will be insufficient due to the fact that there are more people than capacity in prisons. This even restricts prisoners' ability to provide hygiene. The state has an obligation to protect convicts and prisoners' right to health and life. Because these convicts and detainees are currently guaranteed by the state. The state should urgently and in the fastest way to make arrangements to eliminate all violations of rights, especially the right to health and life. The right to life in the Constitution and the European Convention on Human Rights has been regulated as the obligation of the state. For this reason, the state is responsible for each death in prison. Due to this dangerous epidemic, detention of convicted prisoners under these conditions will result in violations of rights. The state should give up enemy law as soon as possible and make arrangements based on universal law rules. These practices presently lead to victimizations and violations of rights. There is a need for libertarian laws based on justice that will concern all segments of society, including prison conditions."

 

Stating that approximately 300 thousand convicts and detainees are in prison as of January 2020, Tanış pointed out that the number of prisoners who will be released after the new law will be around 90 thousand. Tanış said: "Given the number of prisoners, it is clear that the releases that are planned to be made with regulation are very few and will not contribute to the solution of the problem. Because of the coronavirus, it is impossible to protect the right to health and life in prison. When considered, the epidemic will cause many convicts and detainees to be affected and maybe will claim their lives." 

 

 

 

MA / Hamdullah Kesen