Prisoners' Rights Violations and Complaint Mechanisms (Execution Judge, Ombudsman and the CPT)
Human rights violations in prisons—such as ill-treatment, denial of access to healthcare, restrictions on communication, and unlawful disciplinary sanctions—are not only individual grievances but also serious indicators of broader rule of law concerns. This page has been prepared to explain, in a clear and practical manner, which authorities you can apply to, within what time limits, and through which procedures when faced with such violations. The aim is to help you protect your rights by acting in a documented and evidence-based manner at every stage, while ensuring that any complaint is pursued safely and effectively, including in situations where there is a risk of retaliation.
Main Complaint Mechanisms
If you have been subjected to a human rights violation in a prison (e.g. ill-treatment, denial of access to healthcare, restrictions on correspondence, telephone calls or visits, or procedural irregularities in disciplinary sanctions), there are several avenues of redress available.
Broadly speaking, two parallel routes should be considered:
- Rapid and binding domestic remedies; and
- Monitoring, oversight and recommendatory mechanisms.
Rapid and Binding Domestic Remedies
- Execution Judge (İnfaz Hâkimliği): Complaints concerning disciplinary sanctions and prison administration; in most cases, this is the first and most effective remedy.
- Public Prosecutor: Where there are allegations of torture, ill-treatment or other criminal offences.
Monitoring, Oversight and Recommendatory Mechanisms
- Prison Monitoring Boards (CİK): Independent civilian monitoring bodies that inspect prison conditions and report their findings.
- Ombudsman Institution (Kamu Denetçiliği Kurumu – KDK): An administrative complaint mechanism that issues recommendations concerning the acts, actions and practices of public authorities.
- European Committee for the Prevention of Torture (CPT): Not an individual complaints body, but an international preventive monitoring mechanism that receives confidential information concerning serious and systematic violations.
The purpose of this section is to explain, step by step, which authority should be approached in which circumstances, within what time limits, and with what evidence, while also highlighting the protective measures that may be requested where there is a risk of retaliation.
The first rule is simple: do not miss the applicable time limits, and ensure that every step is documented in writing and supported by evidence.
1) Execution Judge
What is it for?
Complaints concerning prison administration, disciplinary sanctions, restrictions on correspondence, telephone calls or visits, healthcare, prison conditions, and similar matters.
a) Fifteen-day time limit for challenging a disciplinary sanction
Law No. 5275 on the Execution of Sentences and Security Measures
Article 47(3):
“A convicted person may lodge a complaint with the Execution Judge within fifteen days from the notification of the disciplinary sanction.”
This provision clearly establishes a 15-day time limit for challenging disciplinary sanctions.
The complaint may be submitted directly to the Execution Judge or through the prison administration.
b) Time limit for objecting to the Execution Judge’s decision
Law No. 4675 on Execution Judges
Article 6(2):
“An objection may be lodged against the decision of the Execution Judge within one week from its notification.”
Accordingly, once the Execution Judge has ruled on the complaint, the applicant (or the public prosecutor) may lodge an objection within one week.
In practice, however, some decisions indicate objection periods ranging from one to two weeks. It is therefore important to check the specific time limit stated in the decision itself.
c) Procedural Rules
Articles 5 and 6 of Law No. 4675 further provide that:
- The application may be submitted directly to the Execution Judge or through the prison administration or the Public Prosecutor’s Office.
- The prison administration must forward the application to the Execution Judge within three days.
- As a general rule, the decision of the Execution Judge is not enforced until it becomes final (subject to statutory exceptions).
2) Prison Monitoring Boards (CİK)
The Prison Monitoring Boards are independent civilian monitoring bodies established under Law No. 4681. They inspect the management, operation and practices of prisons, prepare reports based on their observations and submit them to the competent authorities.
Although they may examine individual complaints and reflect their findings in monitoring reports, they do not have the power to impose administrative sanctions. Their primary function is to make systemic problems visible through independent monitoring.
How to Apply
- Applications may be submitted in writing to the Prison Monitoring Board responsible for the judicial district where the prison is located. The application may also be submitted through the prison administration, clearly indicating that it is "to be forwarded to the Prison Monitoring Board."
- The application should include: the facts of the incident; the date and place; any supporting documents; and medical reports, where available.
- The Board may conduct visits and prepare monitoring reports, forwarding its findings to the relevant authorities.
- Although the Prison Monitoring Board is not a rapid decision-making body, its reports may constitute valuable evidence in subsequent proceedings before the Ombudsman, the Constitutional Court or the ECtHR.
3) Ombudsman Institution (KDK)
The Ombudsman Institution provides an administrative complaint mechanism concerning the acts, actions and practices of public authorities, including prison administrations.
It does not issue judicial decisions, but makes recommendations intended to improve administrative practice and ensure compliance with principles of good administration.
Preconditions and Time Limits
- A written complaint must first be submitted to the competent administrative authority (e.g. the prison administration or the Public Prosecutor's Office). If no reply is received within 60 days, the complaint is deemed to have been implicitly rejected.
- A complaint must then be lodged with the Ombudsman within six months from: notification of the rejection decision; or expiry of the 60-day period. As a general rule, the Ombudsman concludes its examination within six months.
- How to Apply
- Applications may be submitted: through the prison administration (clearly stating that the application is to be forwarded to the Ombudsman); or by family members or legal representatives through the online system or by post.
- The application should clearly state: the applicant's identity and contact details; the relevant facts; and the requested remedies. Although the Ombudsman's decisions are not legally binding, they may exert significant influence on public authorities and may later serve as evidence that domestic remedies have been pursued in proceedings before the Constitutional Court or the ECtHR.
4) European Committee for the Prevention of Torture (CPT)
The CPT is the preventive monitoring body of the Council of Europe.
It is not an individual complaints mechanism and does not function as a judicial body.
However, confidential information submitted by individuals may be taken into account during the Committee’s country visits and may contribute to exposing serious human rights violations.
When Should Information Be Sent to the CPT?
- Where there are allegations of: torture or ill-treatment; serious or systematic human rights violations; retaliation; or ineffective domestic remedies.
- Information should be submitted in writing and should include: the facts; date and place; institution concerned; responsible authorities; medical findings; witnesses; and any relevant file or case numbers.
- Address: Council of Europe – CPT Avenue de l'Europe F-67075 Strasbourg Cedex France
- The CPT does not determine individual complaints or award compensation. Its role is preventive: to improve detention standards and prevent torture and ill-treatment. As a general rule, applicants should first attempt to use the available domestic remedies, particularly the remedy before the Execution Judge.
Final Remarks
Exhausting domestic remedies—particularly proceedings before the Execution Judge—is important both for obtaining practical relief and for any subsequent application to the Constitutional Court or the European Court of Human Rights.
In your applications, consider expressly requesting:
- protection against possible retaliation; and
- the preservation of CCTV footage and medical records.
Finally, keep a record of the registration number of every application you submit and, whenever possible, ensure that a copy is retained outside the prison.
