Yalova Üniversitesi Sosyal Bilimler Dergisi

Abstract

Pursuant to the Law No. 5275 on the Punishment and Security Measures, it is regulated that the transfer of prisoners can be carried out. Prisoners may be transferred to another institution at their own request or for reasons of mass referral, discipline, order and security, illness, education, training, crime and place of trial. On the other hand, the high number of transfer requests and the occupancy rates in penitentiary institutions are obstacles that make it difficult for the public administration to meet the demands. In cases where the transfer request is rejected and a dispute arises, the approach of the Constitutional Court, the Ombudsman Institution and the Human Rights and Equality Institution of Turkiye will be guiding for the administration of the penitentiary institution. This study aims to reveal the legal framework of the transfer requests of prisoners held against their freedom in penitentiary institutions, and determine the international standards on transfer and the human rights and legal principles that must be followed, and evaluate the decisions of the Constitutional Court as a judicial body and the Ombudsman Institution and the Human Rights and Equality Institution of Turkiye as the right-seeking mechanisms, related to the right to transfer. From the point of view of the administration, it is part of the public administration approach to evaluate the demand and try to implement the most appropriate solution. From this point of view, in this study, concrete suggestions for decision makers and practitioners will be tried to be shared.