US embassy cable - 03ANKARA1503

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 001503 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/SE 
 
 
E.O. 12958: DECL: 03/10/2008 
TAGS: PGOV, PREL, PHUM, TU, OSCE 
SUBJECT: LAWYERS GROUPS OPPOSE NEW PRISON-RELATED 
LEGISLATION 
 
 
Classified by Polcouns John Kunstadter; reasons 1.5 b and d. 
 
 
1. (C) Summary: Attorneys from the Ankara Bar Association 
(ABA) and Contemporary Lawyers Association (CLA) argue that a 
newly adopted package of prison-related laws holds attorneys 
responsible for hunger strikes, places hunger striking 
prisoners at risk, undermines the right of attorneys to 
consult with jailed clients, and establishes draconian 
penalties for damaging prison property.  The ABA is planning 
to challenge the laws as unconstitutional.  End Summary. 
 
 
2. (U) ABA and CLA officials told Poloff March 5 they 
strongly oppose a set of Turkish Penal Code amendments passed 
in Parliament February 5.  ABA President Semih Guner said he 
is lobbying for the support of the one-fifth of Parliament 
(110 MPs) required to challenge a law in the Constitutional 
Court.  If he is not able to organize a challenge by the 
April 10 deadline, he plans to appeal to the European Court 
of Human Rights. 
 
 
3. (U) The following is a summary of the controversial 
elements of the amendments, followed by ABA/CLA analysis: 
 
 
 
 
4. (C) Prisoner Nourishment: Anyone who prevents a prisoner 
from taking nourishment, including by encouraging hunger 
strikes or death fasts, is subject to a sentence of 10-20 
years imprisonment if the prisoner dies as a result.  If the 
prisoner suffers bodily harm, the perpetrator is subject to 
six months to 10 years imprisonment, depending on the nature 
of the injury. 
 
 
-- ABA/CLA Analysis: This law is aimed at attorneys, who 
would be the most likely suspects to be accused of 
encouraging hunger strikes.  For the first time, attorneys 
will be held legally responsible for prisoner hunger strikes. 
 
 
5. (C) Interfering in Hunger Strikes: Prisoners who refuse 
nourishment are to be warned of the physical consequences by 
a prison doctor.  Prison psychologists will try to dissuade 
prisoners from continuing such behavior.  If the behavior 
continues and becomes life threatening, prison doctors are 
authorized, without the consent of the prisoner, to conduct 
medical examinations or feed the prisoner through an IV, or 
transfer them to a hospital for such purpose.  In case of 
emergency, these measures can be carried out by non-medical 
prison officials if no doctor is available. 
 
 
-- ABA/CLA Analysis: Before this law, only qualified medical 
experts generally interfered with hunger-striking prisoners. 
Now this authority is awarded to unqualified prison doctors, 
or even non-medical personnel in emergencies.  This is 
dangerous -- in Istanbul recently, a striking inmate died 
after a prison doctor began feeding him with an IV. 
 
 
6. (C) Lawyers' Files: Prison security officials are not to 
examine documents and files that a defense lawyer has 
declared in writing are legal papers related to a case. 
 
 
-- ABA/CLA Analysis: This appears positive, but in practice 
is harmful.  A number of attorneys have complained that 
prison officials are checking attorneys' declarations, then 
examining their papers for any discrepancies.  In some cases, 
security officials with little understanding of legal issues 
are unjustly accusing attorneys of filing false declarations. 
 Papers are being examined either when an attorney enters a 
prison, or when a prisoner returns to his cell after meeting 
his attorney. 
 
 
7. (C) Prison Property: Prisoners who destroy prison property 
are subject to a minimum of three years imprisonment. 
 
 
-- ABA/CLA Analysis: Dramatically increases the penalty for 
such behavior.  Previously, most such cases resulted in fines 
or administrative punishments, with the maximum penalty 
limited to one year imprisonment.  A CLA attorney said one of 
his clients last year broke a window and was not allowed to 
see visitors for two months; under this law, he could have 
gotten three years imprisonment or more. 
 
 
PEARSON