Selçuk Kozağaçlı, a Turkish lawyer and the honorary president of the Progressive Lawyers Association (ÇHD), has been arrested less than 24 hours after being released from prison where he was kept for nearly 8 years following his arrest in 2017. His arrest has raised further alarm over Turkey’s arbitrary parole practices, which particularly target political prisoners and human rights defenders.

Our report on his 2017 arrest: LAWYER SELCUK KOZAGACLI WAS ARRESTED

Kozağaçlı, a prominent human rights lawyer, was rearrested on Wednesday evening. Naim Eminoğlu, his colleague, confirmed that the initial decision for his conditional release had been cancelled by the prison’s Administrative and Observation Board immediately after his release, a move he described as unprecedented and legally questionable.

Sources within ÇHD told bianet that “He will now be returned to prison after verification of his identity and being served a formal notice of the ruling.”

Indeed, within hours, Kozağaçlı was escorted back to Marmara (Silivri) Prison, bypassing standard legal procedures such as a court hearing. His sudden re-incarceration follows a pattern observed increasingly more often in Turkey, where political prisoners are allegedly forced to show remorse or admit guilt to be eligible for parole, regardless of their behavior in custody.

Abuse of Vague Parole Requirements

According to the Chief Public Prosecutor’s Office, the objection was based on multiple factors, including Kozağaçlı’s prior disciplinary infractions, alleged communication with other inmates convicted of terrorism, and the receipt of “banned publications.” Additionally, the objection cited Kozağaçlı’s refusal to make a formal declaration that he had “left the organization” he was accused of being a member of.

One of the most contentious claims in the objection was that Kozağaçlı’s behavior evaluation reports revealed a development score of 37.75, which falls short of the 40-point threshold set by the Ministry of Justice for parole eligibility. In Turkey’s penal system, inmates are scored semiannually by prison units on behavioral and developmental criteria, and these scores directly impact their eligibility for conditional release.

Lawyers and rights organizations argue that these scoring systems and “remorse” declarations have become tools to perpetuate politically motivated detentions. “The criteria are vague, inconsistently applied, and often manipulated to prolong imprisonment,” said one ÇHD member.

A Widening Pattern of Arbitrary Detention

Kozağaçlı’s re-arrest echoes numerous similar cases documented by human rights organizations, most notably The Arrested Lawyers Initiative, which has reported a systemic effort by Turkish authorities to deny political prisoners parole and conditional release.

Following the failed coup attempt in 2016, more than 1,700 lawyers in Turkey were arrested, and over 700 were placed in pretrial detention. The vast majority were convicted based on weak or circumstantial evidence, including the clients they represented, the books they read, or the associations they belonged to.

According to Turkish law (Law No. 5275), prisoners who demonstrate “good conduct” are eligible for conditional release or transition to less restrictive open prison facilities. However, this process is monitored by boards often influenced by political motives—especially in cases deemed “terrorism-related.” Even when inmates receive favorable conduct assessments, they are often asked to submit written confessions or statements of remorse to be granted parole—requirements that have no legal basis and are used to exert psychological pressure.

The cases of imprisoned individuals such as lawyer Turan Canpolat, academic Sedat Laçiner, and judge Mustafa Başer illustrate this chilling trend. All three met the criteria for conditional release but were denied it based on vague or extralegal grounds, such as “insincere remorse” or newly fabricated disciplinary penalties.

“Punishment Beyond the Sentence”

Legal experts and rights groups argue that what Kozağaçlı and others face is “punishment beyond the sentence”—a form of extrajudicial control over dissenting voices. The United Nations’ Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) and the Tokyo Rules explicitly prohibit such discriminatory or arbitrary practices in the enforcement of sentences. Yet, these norms are regularly ignored in Turkey’s penal system.

Speaking to bianet, a ÇHD spokesperson summarized the broader concern: “These are not isolated cases. They show that not only arrests and trials but also the implementation of sentences are being weaponized to silence political dissidents.”

Kozağaçlı’s case is likely to deepen the already growing distrust in Turkey’s judicial system among rights advocates and international observers. For now, the legal community will have to wait and see whether there will be any judicial remedy or  a public enquiry for this latest blow to the rule of law.

For more on the systemic denial of parole for political prisoners in Turkey

[Analysis] Turkey forces political prisoners to the admission of guilt in order to benefit from parole

As a last-ditch attempt to defraud victims of their dignity, parole boards force political prisoners to confess their being “terrorists” and implicate others.

by The Arrested Lawyers Initiative 9 August 202221 August 2023

Categories: Turkey Human Rights Blog