Council of Europe Conseil de l'Europe

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

APPENDIX

Strasbourg, 22 March 1999

Dear Mr. Unler,

Subject: Visit to Turkey by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 27 February to 3 March 1999.

1. In July 1999, the CPT will transmit to the Turkish authorities a report on the above- mentioned visit (cf. Article 10, paragraph 1, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment). However, the delegation which carried out the visit wishes to make the following observations at this stage.

2. At the outset, the delegation would like to thank the Turkish authorities for the excellent cooperation shown by them during the visit and, more particularly, for the arrangements made to facilitate the delegation's access to the prison on the island of Imrali.

3. The delegation visited a number of police establishments in Istanbul as well as the Anti- Terror Department at Izmir Police Headquarters. Those visits were primarily of a follow-up nature and allowed the delegation to review developments as regards the treatment and physical conditions of detention of persons deprived of their liberty by the police. The facts found by the delegation will be set out in full in the visit report. However, the information gathered in the course of its visit to the Anti-Terror Department at Istanbul Police Headquarters must be drawn to the attention of the Turkish authorities without delay.

Mr. Husrev UNLER Acting Director Department for the Council of Europe and Human Rights Ministry of Foreign Affairs DR- ANKARA Turkey

Numerous allegations were received from persons detained by that Department at the time of the visit of various forms of torture and ill- treatment, and certain of the persons concerned were found on examination by medical members of the delegation to display marks or conditions which were consistent with their allegations. On more than one occasion in the past the CPT has drawn the Turkish authorities' attention to the intolerable methods employed in the Anti-Terror Department at Istanbul Police Headquarters (cf. for example, paragraph 22 of the report on the September 1996 visit - CPT (96) 69). Decisive action must be taken as of now to stamp out, once and for all, resort to such methods by police officers belonging to that Department.

4. During its visit to the prison on the island of Imrali on 2 March 1999, the delegation examined the treatment of Abdullah OCALAN, currently the establishmen's sole inmate. In the light of the information gathered - and, in particular, Mr. Ocalan's statements about his treatment to date, the medical reports drawn up in respect of him as from the time of his arrival on the island, the ongoing medical supervision of his situation, and the fact that his custody is now the responsibility of prison officers -- the delegation was satisfied that, at present, Mr. Ocalan is not at risk of physical ill treatment. Further, from its interviews with Mr. Ocalan and the three doctors attending him ( a general practitioner, a cardiologist, and a specialist in internal medicine), and after consulting his medical file, the delegation was satisfied that his somatic health is good.

However, at the time of the delegation's visit, Mr. Ocalan's psychological state was not good. The delegation made it clear to the prison authorities on the island that if left unattended, his state of mind cold lead to unfortunate consequences. According to information subsequently forwarded by the Turkish authorities. Mr. Ocalan has since been seen regularly by a psychiatrist; the delegation welcomes this development. Nevertheless, additional measures are required to counter the potentially negative effects on Mr. Ocalan's mental health of being held on his own in a remote location under a high security regime. Those measures relate inter alia [to his possibilities ....with the outside world] (cf. Paragraph 5) and the precise nature of the regime applied to him (cf paragraphs 7 and 8).

5. Ensuring that Mr. Ocalan has access to a radio, newspapers, and books is one requirement which should be met. The delegation was informed that, according to the relevant regulations, he did have a right of access to such items, however, given the particular circumstances of Mr. Ocalan's detention rendering that right effective may well require the Turkish authorities to provide him with a radio, newspapers and books. The delegation would like to be informed whether Mr. Ocalan does now have such items in his possession. Similarly, positive action on the part of the Turkish authorities may be necessary to ensure that relatives of Mr. Ocalan who wish to visit him are able to do so in safety and without excessive delay. Of course, it is also of crucial importance, from a number of standpoints, that Mr. Ocalan be guaranteed adequate access to a lawyer. However, the CPT does not intend to pursue this matter, given that the European Court of Human Rights has adopted interim measures on the subject.

6. Material conditions of detention in Mr. Ocalan's cell were of a high standard. The cell was of a good size (13 m2), well lit (including adequate access to natural light), and suitably equipped (bed, bedside table, chair, shower, toilet and washbasin, heater air conditioning system -- all of very good quality). The delegation was informed that a waist- level screen would shortly be fitted around the shower and toilet and the cell's furniture supplemented by a desk, further, the cell window was to be adjusted so that it could be opened to some degree, thereby providing access to fresh air. The delegation would like to receive confirmation that these improvements have now been made.

7. At the time of the visit, the regime applicable to Mr. Ocalan was in the process of being introduced, following his remand in custody. The delegation was informed that he would be offered two hours of outdoor exercise per day (one hour in the morning, one hour in the afternoon), in a yard situated alongside the unit accommodating him; the first such exercise period occurred on the day of the visit. Mr. Ocalan was to remain in his cell at all other time, save for when he went to the nearby infirmary for a medical interview or to the room adjoining his cell to receive visits from a lawyer or relative.

8. The basic criteria used by the CPT when assessing the regime in a high security unit are summarized in the Appendix to this letter. The delegation trusts that the Turkish authorities will take these criteria into account in the course of developing the regime to be applied to Mr. Ocalan.

In this connection, the delegation considers that, in the interests of safeguarding Mr. Ocalan's mental health, the regime described in paragraph 7 should be rendered less restrictive. In particular, during part of the day, Mr. Ocalan should be allowed to circulate freely between his cell and the room adjoining it, and he should be offered more frequent access to the unit's outdoor exercise facility. Neither of those measures would jeopardize security.

Further, in addition to ensuring access to a radio, newspapers and books, positive efforts should be made to provide Mr. Ocalan with other purposeful activities (hobbies, etc.). Similarly, with a view to ensuring that Mr. Ocalan benefits from appropriate human contact, certain suitably-skilled staff members could be designated to converse with him on a regular basis.

9. The delegation would add that the outdoor exercise facility currently used by Mr. Ocalan -- a 45 yard surrounded by a 4 m high wall and topped with a grill -- is of a rather claustrophobic design, and that its limited size and sandy surface do not facilitate real physical exertion.

The possibility of allowing Mr. Ocalan access to a less confined outdoor exercise facility was raised by the delegation at the time of the visit. However, the prison authorities on the island expressed strong opposition to such a measure. Whilst appreciating their concerns on this matter, the delegation remains of the view that it should be possible from time to time for Mr. Ocalan to be allowed access to a larger outdoor area. As far as the delegation could ascertain, all the necessary means exist on and around the island of Imrali to ensure that the measure proposed does not compromise security.

10. The delegation would be most grateful to receive the Turkish authorities' remarks on the observation set out in paragraph 2 and 9. Those remarks would, of course, be fully taken into account when the CPT's visit report is drawn up.

Yours sincerely,

Ingrid LYCKE ELLINGSEN First vice-president