Administrative and Observation Board ignores judge's ruling 

2024-10-18 12:03:55


	AMED - Aksaray Type T Closed Prison Administration and Observation Board extended the release of 30-year prisoner Tamer Tanrıkulu for another 6 months despite the decision of the execution judge.

	Tamer Tanrıkulu, a prisoner in Aksaray Type T Closed Prison, was detained in February 1994 on the charge of “trying to separate a part of the territory under the sovereignty of the state from the state administration”. 

	 

	In March 1999, Tamer Tanrıkulu's arrest warrant was finalized and he was sentenced to life imprisonment. Entering the 31st year of his imprisonment, Tanrıkulu was held in Bergama, Çankırı, Yozgat, Bingöl, Bingöl, Bursa, Elbistan and Çankırı prisons. Tanrıkulu, who is held in Aksaray Type T Closed Prison for 3 years, was supposed to be released on February 3, 2024, but his execution was postponed for 3 months.

	 

	The Administration and Observation Board decided to postpone Tanrıkulu's release for 3 months on the grounds that he had no disciplinary penalties but had participated in protests and was not in “good behavior”. With the decision taken by a majority vote, Tanrıkulu's execution was postponed for 3 months for the first time.

	 

	After completing the postponement period, Tanrıkulu was brought before the Administrative and Observation Board again in May. The Administrative and Observation Board decided to postpone Tanrıkulu's release, this time for 6 months, after he refused to answer the question “Is the PKK a terrorist organization?” and refused to be counted standing up. In its decision, the Administrative and Observation Board stated that Tanrıkulu's “ties to the organization” continued with his refusal to answer questions about the PKK, and that he was therefore not in “good behavior”, and decided to postpone his release by a majority vote.

	 

	THE JUDGE ASKED FOR A NEW EVALUATION

	 

	Tanrıkulu's lawyer Yusuf Çakas appealed against the decision to Aksaray Execution Judgeship. Evaluating the appeal, the Execution Judgeship found that although there was no negative finding in the evaluation report on Tanrıkulu, the lack of a statement that Tanrıkulu continued with the PKK and his refusal to answer the question of whether the PKK is a “terrorist organization or not” and the acceptance that it is a political formation is a contradiction. The Execution Judgeship emphasized that the opinion of the board was not supported by concrete facts, the reasoning of the decision was not compatible with the concrete situation, the decision was not accurate and for these reasons, the decision should be annulled. The judgeship decided to re-evaluate Tanrıkulu's case.

	 

	RELEASE EXTENDED FOR 6 MONTHS

	 

	The Aksaray Type T Closed Prison Administration and Observation Board, to which the decision was sent, reconvened in September to evaluate the situation upon the initiatives of Tanrıkulu's lawyer. On the same grounds, the board decided to extend Tanrıkulu's release for another 6 months starting from September, having completed the first 3 months of the second postponement.

	 

	Tanrıkulu's lawyer Yusuf Çakas filed another appeal against the decision to the Execution Judgeship. The application has not yet been decided.

	 

	FAMILY'S REACTION

	 

	Tanrıkulu's older brother Enver Tanrıkulu stated that the prison administration burned his execution because he stayed in the same ward with PKK members when he must have been released in February 2024, despite there being no court decision and no disciplinary offense. He noted that the Board, which his brother was released in May, postponed his execution for 6 months on flimsy pretexts such as his refusal to stand up in the ward. He stated that during the last meeting, his brother told them that Temel Yeşilbaş and Sinan Yaşar had also been executed despite completing their sentences and said: “This is a state policy, it has been practiced like this for years. Execution burning is a great violation of rights, it is practiced in almost all prisons. But in Aksaray Prison, this situation is more severe. MPs and human rights defenders must take care of this place.”

	 

	MA / Müjdat Can