ASİ Culture Association, Baraka Cultural Centre, Supremacy of Opinion and Law Movement, Initiative against Homophobia, Turkish Cypriot Physiologists Association, Turkish Cypriot Human Rights Foundation, Nicosia Local Bar Association, Prevention of Social Risks Foundation and TIP-İş,

   Open Letter to the Responsible Authorities

Turkish Cypriot Human Rights Foundation (TCHRF) has received a number of complaints  from the relatives and from the lawyers of the inmates  last week  Accusations were relying on the fact that inmates have been subjected to violence in Central Prison. The lawyer of TCHRF has asked for an interview with the prisoners. but he has not allowed doing so. Upon this, TCHRF has requested permission to visit the inmates by sending a letter to the Ministry of Internal Affairs but an answer has not been received, yet. It would be valid to state that the delay of the necessary permission would increase the probability of the disappearance traces which will make the given permission more pointless than before.

 It has been determined that a detainee has had blow traces on his/her body who was tried by Kyrenia High Criminal Court and had a check up in “Kyrenia Akçiçek Hospital” , as a consequence of his/her lawyers statement, on 19 Feb 2010. Accordingly, the Assize Court has directed the Office of the Attorney General for the examination of the subject case.

Prisons and police stations are the places which accommodates the risks of torture at most, in the world. For this reason, prisons need to be inspected constantly and the complaints need to be investigated urgently. The information has also arrived to TCHRF about the torture against some inmates, after the start of fire which has occurred just after the last eid period. The petition with a request of an independent investigation from the Platform of Preventing Torture to the Ministry of Interior has not been answered yet.

The prohibition of torture enshrines one of the most fundamental values of democratic societies. The lack of infrastructure of the prison, the violation of the disciplinary rules by prisoners or any other reasons cannot be an excuse for the torture that prisoners face in prison. Torture is prohıbited absolutely and there is no way to legitimize it by law. Besides the state’s responsibility to respect prohibition of torture, ıt also has a positive obligation in order to prevent torture. Accordingly, non-investigation of torture allegations when there are reasonable grounds to believe  is  another violation of human rights within the framework of the prohibition of torture.
Cap155 Criminal Procedure Law which is in force, does not clearly recognize the right of suspects to benefit assistance of a lawyer, or video recordings when they give their volunteer statements leave an open door to torture.

Moreover, disciplinary penalties particularly cell confinement penalties given to inmates, where the prison regulation law allow the prison governor to investigate and give judgment on the same is against the natural justice principle and right to fair trial.  Moreover, this regulation does not allow the prisoners to enjoy their right to get assistance of a lawyer. Depending on this, many complaints has reached to TCHRF that the inmates under cell confinement face with torture. Furthermore, inmates under cell confinement are prevented to see their lawyers and it makes reasonable doubt that torture occurs under cell confinement.

It has to be known that, non penalizing of the perpetrators is tantamount to supporting torture and  it cannot be accepted. In this respect, within the framework of contemporary norms, we are asking an effective investigation through the  media before the violence traces disappear and we also insist on the fact that the inmates  need to be allowed to meet with the advocates of Platform of Preventing Torture urgently.