ISTANBUL – Lawyer Veysel Demirkaya reported that the sentences of prisoners Resul Baltacı and Sinan Tutmaz, held at Düzce T-Type Closed Prison, were cancelled due to disciplinary penalties.
Demirkaya, a member of the Lawyers for Freedom Association (ÖHD), explained that Baltacı and Tutmaz received three disciplinary penalties for possessing prohibited items during cell searches. These penalties were used as justification for cancelling their sentences. Baltacı has served three years of his 30-year life sentence, while Tutmaz completed the prison term for his 12-year sentence related to “membership terror organization” six months ago. After repeated disciplinary punishments, their sentences were fully cancelled.
Demirkaya stated that when a prisoner receives three or more cell disciplinary penalties, their sentence can be cancelled. The prison administration applies harsh measures, including preventing new inmates from being admitted and rejecting prisoners’ transfer requests. For example, Baltacı’s repeated requests to be transferred closer to his family in Batman have been denied, violating his right to family life.
LACK OF LEGAL BASIS FOR SENTENCE CANCELLATION
Demirkaya emphasized that cell disciplinary punishments lack legal basis and that the prison administration’s use of these penalties to cancel sentences is unlawful. Due to impunity in Turkey, no action is taken against prison officials, allowing human rights violations in Düzce to continue unchecked. Arbitrary behavior by prison staff worsens conditions daily.
LEGAL CHALLENGES AND REJECTED TRANSFER REQUESTS
The lawyer added that all legal appeals against these disciplinary decisions have been exhausted, including petitions to the High Criminal Court and Administrative Court, which rejected transfer requests without justification. An application to the Constitutional Court is still pending.
Demirkaya reported that prisoners have expressed fears that their sentences will not be cancelled if transferred to another prison and that authorities are deliberately blocking their release. Attempts to meet with the execution prosecutor were largely denied for two years. When prisoners requested hospital treatment for various health issues, the required oral cavity searches by guards during hospital transfers were viewed as degrading, resulting in their medical visits being blocked and their conditions worsening.