Presumption of innocence the Turkish way: lawyer – detainee relations
Update from Turkey:
Prior to the state of emergence laws, visits and communication between lawyers and arrested person could not be restricted. Lawyers could visit the arrested persons at anytime in prisons. However, after the decrees respectively numbered 667 and 668 came into force many rights of inmates including the right to reach the lawyers were confined. According to the decree numbered 667 article 6, lawyer-arrested person communication can be restricted and recorded and over sighted by guards. So upon the order of prosecutors lawyer- client interviews and meeting can be done once a week or less.
According to the decree numbered 668, article 3/m persons in custody before pre-trial could be forbidden to talk with their lawyer up to 5 days. With the state of emergency law the costudy period before pre trial expanded up to 30 days.
Above all relevant rules, there are also hidden oral rules even diluting the rights given by emergence laws as such mentioned above. Now whenever some measure deems appropriate to the prosecutors, it is appropriate.
Today 18th of August 2016, an ordinance regulating prison visits was amended, stating that there may be a personal visit once every two month (where the detainee is allowed to touch his kids, hug them) and 3 times a month meeting with family members behind bars, no touch, no hug. Before the personal visit was once a month.
Again this is the written rule but in practice there are more restrictions.
