Standard Summary Project Fiche

Project number: TR 07 02 18

1. Basic information 1.1 CRIS Number: 1.2 Title : Dissemination of Model Prison Practices and Promotion of the Prison Reform in Turkey

1.3 Sector : Justice, Freedom and Security

1.4 Location : Turkey Implementing arrangements: 1.5 Implementing Agency: The Central Finance and Contracts Unit (CFCU) will be Implementing Agency and will be responsible for all procedural aspects of the tendering process, contracting matters and financial management, including payment of project activities as well as overall coordination and monitoring of the project implementation.

The Head of the CFCU will act as Programme Authorizing Officer.

Muhsin ALTUN PAO Phone: +90 -312- 295 49 00 Fax: +90 -312- 286 70 72 E-mail: muhsin.altun@cfcu.gov.tr Address: Eskişehir Yolu 4.Km. 2.Street. (Halkbank Kampüsü) No: 63 C-Blok 06580 Söğütözü/Ankara Türkiye 1.6 Beneficiary (including details of SPO): General Directorate of Prisons and Detention Houses, Ministry of Justice will be the beneficiary. SPO Mr. Kenan İPEK, Director General of Prisons and Detention Houses Adalet Bakanlığı Ceza ve Tevkifevleri Genel Müdürlüğü Gazi Binası Konya Yolu No: 70 Beşevler ANKARA-TURKEY Tel: +90 312 2236524 Fax: : +90 312-223 93 41 kipek@adalet.gov.tr The contact person in the Ministry of Justice is:

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Mr. Necati Nursal, Judge, Head of Department General Directorate of Prisons and Detention Houses Adalet Bakanlığı Ceza ve Tevkifevleri Genel Müdürlüğü Gazi Binası Konya Yolu No: 70 Beşevler ANKARA-TURKEY Tel:+90 312-204 1353 Fax: +90 312-223 93 41 nnursal@adalet.gov.tr

1.7 Overall cost: 7.000.000 € 1.8 EU contribution: 6.000.000 € 1.9 Final date for contracting: 2 years after the signature of the Financing Agreement. 1.10 Final date for execution of contracts: 4 years after the signature of the Financing Agreement. 1.11 Final date for disbursements: 5 years after the signature of the Financing Agreement. 2. Overall Objectives and Project Purpose 2.1 Overall Objective: To contribute to the improvement of the penitentiary system in Turkey in line with European Prison Rules and other international standards. 2.2 Project purpose: To create a professional, effective and efficient prison service through dissemination of model prison practices and promotion of prison reform in Turkey by upgrading the prison services and contributing to the improvement of detention conditions . 2.3 Link with AP/NPAA / EP/ SAA “Penal reform” is specified as one of the priorities in Accession Partnership and in National Programme for Adoption of Acquis. This project proposal addresses the areas defined in the revised Accession Partnership (AP) and the National Programme for the Adoption of the Acquis (NPAA) for Turkey’s accession to the EU, as follows: National Programme for the Adoption of the Acquis 2003: Medium-term priorities: To ensure prison conditions comply with international standards as also included new penal enforcement law and protect the victim and the society. Accession Partnership 2006 Short term priorities: - Ensure consistent interpretation of legal provisions, including the new penal code, related to human rights and fundamental freedoms by all judicial authorities in line with the European Convention on Human Rights and its related case law.

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- Continue the training of judges and prosecutors on the application of the European Convention on Human Rights and the case law of the European Court of Human Rights. - Ensure implementation of the measures adopted in the context of “zero tolerance” policy against torture and ill-treatment in line with the European Convention on Human Rights and the recommendations of the European Committee for the Prevention of Torture. - Extend the training of law enforcement agencies on human rights issues and investigation techniques, in particular in order to strengthen the fight against torture and ill-treatment. 2.4 Link with MIPD Within the Institution Building component of the Turkey-MIPD (2007-2009) the focus of assistance in the area of political criteria will be on the institutions that are directly concerned by the reforms: the judiciary and the law enforcement services. Among the issues to be addressed, priority will be given to human rights and fundamental freedoms. Under the “Progress towards meeting the Copenhagen political criteria”, assistance will be provided to consolidate the reforms that have been adopted and to improve their implementation on the ground i.e., −Judiciary: Training for the consistent interpretation of legal provisions related to human rights and fundamental freedoms; Strengthening the efficiency of the judiciary; Implementation of the Istanbul Protocol throughout the country; Enhancement of opportunities for effective defense such as access to legal aid and qualified interpretation services; Strengthening of legal and judicial protection of religious communities; −Law enforcement services: Training of law enforcement agencies on human rights issues; Implementation of measures adopted in the context of the “zero tolerance”, policy against torture and ill-treatment; Support for the establishment of a system of independent monitoring of detention facilities; Training on combating violence against women. 2.5 Link with National Development Plan (where applicable) Turkey’s 5-Year National Development Plan no: 8 and 9 include the plan of effectiveness of judicial services and modernization of penal enforcement system. 2.6 Link with national/ sectoral investment plans (where applicable)

N/A

3. Description of project 3.1 Background and justification: In the course of progress towards accession to the European Union and in response to the obligations of the Acquis of the EU and its Member States, the Turkish Government, is actively following a National Programme for the Adoption of the Acquis. However, the objective of the process of law approximation is not only implementing the relevant amendments to existing legislation but as importantly, to strengthen those institutions responsible for the enforcement or implementation of the new procedures and processes. This process of ‘institution building’ to enhance administrative capacity is seen as crucial in ensuring the successful transition for Turkish Institutions to the standards, norms and achievements of similar EU Member State administrations. The New Penal Code, the Penal Procedural Code and the Penal Enforcement Code, and new Child Protection Act were adopted in year 2005 by Turkish Grand National Assembly. These

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new codes, which are result of the current judicial reforms process in Turkey, provides the statutory framework for a range of new penal measures and practices which are humane and constructive offering to the both prison staff and prisoners modern, professional and humane services. These reforms represent an important part of the reform of the Turkish criminal justice system. To support the efforts of Turkey in this reform process, the European Union has contributed with a € 10.7 million project – the Judicial Modernization and Penal Reform Programme (JMPR). The project was implemented jointly by the Council of Europe and the Turkish Ministry of Justice and sought to enhance Turkish compliance with European standards within the scope of the EU accession process. The “support to the penal reform” component of the project provided technical assistance in the architectural design of new prisons, rehabilitation of old ones and guidelines for prison architecture. It developed a training strategy and strengthened the training capacity of the Prison Staff Training Schools of Turkey. Concrete tools such as a “Prison Management Manual” for prison governors and a “Prison Doctors Handbook” for medical staff have been developed. In addition, two Model Prisons in west and east part of Turkey were established in order to provide full range of services to prisoners for rehabilitation and training of inmates complying with international human rights and prison standards. Special importance has been attached not only to the physical conditions within these prisons but also to the attitudes and behaviours of employees. Equipment and tools have been procured for the delivery of vocational training to inmates in these two prisons. Workshops, the creation of facilities for social activity and the successful implementation of an “Anger Management Programme” have already considerably reduced disciplinary offences and the need for extra security measures and significant progress has been made within the Prison Management component of the programme in improving prison management. Now the challenge facing Turkey is to disseminate this successful experience to all prisons throughout the country and to ensure that the Turkish penal execution system is broadly in line with modern European standards. Thus, this project has been designed to achieve this goal. Furthermore, this project will also address the recommendations of the EU in its Regular Reports and the Committee for the Prevention of Torture (CPT), to increase out of cell activities (especially in high security prisons), and to establish social, cultural, vocational and educational facilities within prisons. Within the framework of the Turkish Prison Reform, it has been decided to close down the old prisons with smaller capacities of inmates which are located in small districts of Turkey and to replace them by new and modern prison buildings with larger capacities to comply with international standards. Currently there are 428 prisons in Turkey of which approximately 90 of them are large and the rest of them are small district prisons. 17 new prisons in Istanbul region, and 8 other prisons in different regions are under construction and majority of them are planned to be in service in 2007.

In this regard, 90 large capacity prisons (high and medium security prisons including F-types) will be selected within the context of this project and the dissemination strategy of model prison practices developed under the JMPR will be implemented in these prisons. In addition to provision of intensive training to the staff of these prisons (an important number of staff will be newly recruited), vocational training workshops and educational facilities (including support to prison libraries) for inmates will be established.

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Currently, there is 26.283 staff working for penitentiary houses. They are continuously being provided with pre-service and in-service trainings in 3 Prison Staff Training Centers. A new Training Center has recently been established in Kahramanmaraş and a fifth one will be opened soon in the Aegean region. While the 3 training centers (Istanbul, Ankara and Erzurum) benefited from the JMPR project, Kahramanmaraş and the Aegean region training centers will be in need of dissemination of modern training methodologies and other technical facilities in order to reach the same level of professionalism of the other 3 centers.

The Monitoring Boards and enforcement judges responsible from the external monitoring of prisons have been operating for the last 5 years. Now is an appropriate time to strengthen their capacity in order to ensure that they are competent to perform their roles.

The new European Prison Rules (2006) and Article 77 of the new Turkish Penal Enforcement Law encourage greater cooperation between prisons and non-political NGOs and civil society. In order to further engage these actors, a series of activities are planned to be performed within the context of this project.

In addition, as the prison system develops it is important to maintain public support for, and awareness of, the changes. By doing so, the status of prison staff is enhanced and the community is more likely to support the developments. Therefore, it is important to perform awareness raising activities.

Finally, the project will enhance the administrative capacity of the General Directorate of Prisons and Detention Houses. The GD moved to a new building in June 2006 in order to have larger space and more advanced organizational structure. A research and development center has already been established within the GD. However, there are lack of national and international books, computers with internet access which are essential for further studies and developments for both staff training and inmate rehabilitation.

In the light of these new developments and of the momentum created by the JMPR project, the project will serve to the continuation of these reform activities without any delay and in a sustainable way. 3.2 Assessment of project impact, catalytic effect, sustainability and cross border impact Republic of Turkey has started its prison reform as from 1997 and achieved wide range of reforms in prison field, in the area of legislation, physical infrastructure ,staff training, financial sources and inmate rehabilitation. Within the framework of Turkish Prison Reform activities many prisons have been modernized both in terms of management and environment. The project is in line with the overall strategy as it will contribute to the dissemination of the model practices to 90 other prisons throughout Turkey. Within the JMPR, two model prisons have been developed, prison staff and trainers of training centers have been intensively trained on various different topics. As the models and human resources already exist, the expected impact of the present project is realistic. To ensure sustainability and the support of the outside

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actors, involvement of the lawyers of the Bar Associations in the relevant cities has also been secured and they will support the implementation of the project as project partners. With this project, especially all adult and youth inmates will much more take advantage of outside activities, in this way they will socialize with other inmates and consequently will have more relieved psychological conditions. Thanks to this project, behavioral change of the prison staff towards the inmates will be ensured which will result in efficient working environment.

3.3 Results and measurable indicators:

The outputs to be delivered and the guaranteed results and measurable indicators achieved by this project include;

3.3.1 Rules and practices adopted and implemented regarding prison management and treatment of inmates according to European standards. (Activity 1, 2, 3, 4)

Indicators of achievement: 90 model prisons operating in compliance with European Standards by second quarter of 2010, change in the attitudes and behavior of prison staff and inmates.

3.3.2 Rehabilitation and training of inmates complying with international human rights and prison standards ensured, detention conditions improved. (Activity 2, 3, 4)

Indicators of Achievement: Increase in the number of inmates spending an average of at least 30 hours per week engaged in constructive activity outside of their dormitory, number of inmates who have completed an offending behavior programme, increase in number of inmates in finding jobs after release, decrease of complaints of inmates with psychological problems.

3.3.3 Two new Prison Staff Training Centers are operational with same level of professionalism of the other three training centers. (Activity 5)

Indicators of Achievement: Quality of pre-service and in-service training of the prison staff established= Operational administrative and teaching staff at the end of the project; Training strategy of the already established centers fully implemented in the two new ones

3.3.4 The role of the Monitoring Boards and the enforcement judges enhanced. (Activity 6)

Indicators of achievement: Increase in the number of inmates benefiting from the system, number and results of investigations launched upon complaints, number of cases brought to courts and court decisions.

3.3.5 Prison Reform promoted to public and civil society. (Activity 7, 8)

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Indicators of achievement: Increase in the activities of civil society in the prisons, increase in the professional satisfaction level of prison staff.

3.3.6 The capacity of the General Directorate of Prisons and Detention Houses of the Ministry increased for further design and implementation of prison reforms. (Activity 1, 9)

Indicators of achievement: Further amendments to the legislation are prepared by the General Directorate in line with European norms.

3.4 Activities: The following activities have been designed in order to implement the dissemination strategy developed under the JMPR project for ensuring effective dissemination of two model prison practices.

Activity 1: Training Staff on the new codes, legislation and European Prison Rules 2006: a) Training prison staff of the selected 90 prisons about the new penal enforcement system and other relevant legislation laid down in Penal Code , Penal Procedure Code, new Regulation on Enforcement of Sentences and new European Prison Rules (2006) and International Standards:

• Develop training manuals and tools about new legislation • Train 30 trainers to be selected among local judges, prosecutors, bar association

members and representatives of NGOs • Trainers train local presenters • Local presenters hold seminars for around 15 000 prison staff in all 90 prisons

b) The training of the staff of the General Directorate of Prisons and Detention Houses:

• Specialist group seminars and workshops for the General Directorate department and unit administrators and for the staff about the new penal enforcement system and legislation, new European Prison Rules (2006) , CPT recommendations on its general reports as well as leadership and communication skills,

• Study visits for 20 GD staff to other European Prison Services to make a comparative examination and obtain best practices.

c) Strengthening the capacity of prison prosecutors and perimeter security guards:

• 2 regional seminars for 90 public prosecutors who are responsible of prisons and enforcement of sentences,

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• 2 regional seminars for the 90 commanders of the gendarmerie who are in charge of perimeter security of prisons about their role, duties and responsibilities under the light of new prison legislation and international standards,

Contract: Direct Agreement with Council of Europe Activity 2: Development of and training on operational standards for specific areas of prison management: a) A prison management manual has been developed under the Judicial Modernisation and Penal Reform project. Training of around 800 prison administrators of the 90 prisons on the contents of the manual (good prison management, leadership and operational standards),

• Develop training manuals about good prison management, leadership and operational standards.

• Train prison governors, deputy governors and administration officers ( candidate governors)

• Train 20 governing grade staff as trainers, • Trainers and GD experts, and short term experts will deliver seminars for the

administrators. • 1 National seminar for prison governors and 5 regional seminars for other

administrators. • Study visit for the trainers and governors to the other European countries to increase

their capacity

b) Training of prison health staff (around 400 practitioners, dentists, health officers, nurses etc.) of the 90 prisons about the health standards and operational issues:

• Three National seminars for prison doctors and dentists and the health officers in order to discuss new prison healthcare services gaps and needs,

• Train 20 trainers to deliver local and regional seminars about international prison health standards, new prison health legislation and about “the new manual on Heath Services in Prisons” which has been developed by JMPR project,

• 2 Study visits to other European countries’ prison healthcare services

• Train the new mental health unit staff of Turkish prisons (five prisons in Turkey) about their roles for the prisoners with mental disorders.

c) Training of prison teachers (around 350 teachers) about the European standards on education in prison and on good methodologies:

• Three National seminars for prison teachers in order to discuss new prison education services and principles, gaps and needs,

• Develop tools and manuals for training methodologies,

• Train 20 trainers to deliver local and regional seminars about international prison education standards and training methodologies,

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• Study visits to other European countries’ prison education services and to examine training content and methodology.

Contract: Direct Agreement with Council of Europe

Activity 3: Implementation of effective prisoner rehabilitation (offending behavior) programmes: 7 offending behavior programmes have been developed under the JMPR and one programme (anger management) was tested and implemented in the two model prisons of JMPR. The other six programmes need to be implemented.

• National seminars for promotion of the offender behavior programmes which have been prepared by JMPR project.

• Train 20 trainers for each programmes, • Trainers train psycho-social services staff (around 350) in local or regional

seminars, • 2 study visits to other European countries to examine content and delivery of the

programmes, and develop new offending behavior programmes in the light of the visits.

Contract: Direct Agreement with Council of Europe

Activity 4: Establishment of educational facilities and vocational training workshops, provision of training materials and tools for 90 prisons:

• Needs assessment study for each of the 90 prisons to design vocational training workshops according to the local economic conditions of the regions in cooperation with İŞKUR,

• Establishment of at least 3 vocational training workshops in each of the 90 prisons, • Establishment of a computer laboratory in each prison (5 computers for each prison), • Purchase of books for prison libraries, one projector and one binding machine for

each prison library.

Contract: Direct Agreement with Council of Europe and Supply

Activity 5: Support to the newly opened Prison Staff Training Centers:

Implement the training methodology and the curricula developed under the JMPR project to newly opened prison staff training centers (Kahramanmaras and one to be opened soon in the Aegean region).

• Training of trainers of the new prison staff training centers, • Study visits between 5 training centers,

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• 2 study visits for the 16 trainers of the two new prison staff training centers to other European training centers,

• Provision of training materials and tools for the new training centers (books, projectors, laptops for each trainer, copy machine for each center, video camera for each center.

Contract: Direct Agreement with Council of Europe and Supply

Activity 6: Strengthening the external monitoring of prisons Prisons are being externally monitored by 141 enforcement judges and 133 monitoring boards.

• Development of a manual for enforcement judges to perform their duties in line with the national and international standards

• Update and expansion of present handbook for Civil Monitoring Boards developed by the General Directorate of Prisons and Detention Houses in line with new national legislation and international standards,

• 9 regional seminars for monitoring board members (133x5 members each) about their role, duties and responsibilities as well as new penal enforcement legislation and new European Prison Rules,

• 3 Seminars for enforcement judges about their role, duties and responsibilities as well as new penal enforcement legislation and new European Prison Rules.

Contract: Direct Agreement with Council of Europe

Activity 7: Engaging NGOs and civil societies in the development of the prison system: • Development of the existing strategy for working with NGOs and civil societies, • 3 joint seminars with NGOs to inform them about changes to Turkish prisons and the

role of NGOs and civil societies. Contract: Direct Agreement with Council of Europe

Activity 8: Raising public awareness of function and developments in prison system

• TV programmes, • Publications, • Information to press and media.

Contract: Direct Agreement with Council of Europe

Activity 9: Support and modernize the research and development center in the General Directorate for Prisons and Detention Houses

• Procurement of national and international publications (Criminal Law, Good prison practices International prison standards, Human rights, Human relations, Psychology, social services, etc) and other necessary tools and materials;

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• Research and training equipments: 3 computers, 2 projectors, 1 copy machine, 2 binding machines.

Contract: Supply 3.5 Conditionality and sequencing: N/A 3.6 Linked activities Within the area of judicial reform the following programmes are linked to this area of the management of offenders Judicial Modernization and Penal Reform Programme 2004. The Turkish Government has started planning and implementing various measures on penal reform and judicial modernization. The programme will provide support to enhance these efforts in certain areas and will also seek to contribute more generally to increasing the capacity of the Ministry of Justice to design and implement broader reform strategies for the future, drawing on good practice in the EU. The overall objective is to advance penal reform and modernization of the judiciary in Turkey as foreseen in the Accession Partnership and the National Programme for the Adoption of the Acquis. The programme has begun in 2004. Under the JMPR project, two model prisons have been developed in the light of European standards in Uşak and Elazığ. The management training for the governors has been carried out in those two prisons. The prison staff has been trained. Social, cultural, vocational and educational workshops and facilities have been created and necessary tools and equipments have been purchased. An offender behaviour programme (Anger management) has been developed and its pilot implementation has been commenced. The prisoners are now spending a reasonable time of the day out side of their living units. The trainers and the staff of training canters have been trained and a training curriculum complying with international standards has been created, necessary training tools and materials provided. The aim of the present project proposal is to ensure the dissemination and sustainability of these results. Towards good governance, protection and justice for children in Turkey (2005-2007) The programme aims to develop common strategies and implementation methods with technical support of UNICEF for the protection of children from negligence, abuse, being victims of crime and forced to commit crime. It is a continuance of the Upgrading of the Juvenile System in Turkey programme (2005-2007) again supported by UNICEF which deals with the upgrading of the Juvenile Justice System, particularly in relation to the development of a juvenile justice code, the improvements to juvenile institutions and the better functioning of juvenile courts. The present project will complement these existing and planned programmes on the related area. 3.7 Lessons learned

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One of the lessons learned in this area is that projects addressing the political criteria should not be defined with overly ambitious objectives. Hence assistance in this area will be provided through individual projects making incremental steps within a well defined strategic framework, rather than thorough programmes aiming to address a broad objective comprehensively. Thus, this project has been designed as a follow-up project of JMPR targeting to the implementation of the outputs developed under the previous project with a well defined framework.

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4. Indicative Budget (amounts in EUR)

SOURCES OF FUNDING

H

TOTALPUBLIC COST

EU CONTRIBUTION

NATIONAL PUBLIC CONTRIBUTIO

H

lTota *% IB INV lTota f Type o cofinancing

(J / P) **

*% lCentra Re

HContract 1

3.000.000 3.000.000 100 3.000.000 HDirect Grant

_ _

_ H

HContract 2

HSupply 4.000.000 3.000.000 75

3.000.000 1.000.000 J 25 1.000.000 H

H……

H

HTOTAL

3.000.0000 3.000.000 1.000.0007.000.000 6.000.000

H** compulsory for INV (minimum of 25 % of total EU + national public contribution) : Joint co financing Hco financing (P) per exception

tH* expressed in % of the Total Public Cos

H 5. Indicative Implementation Schedule (periods broken down per quarter) Contracts Start of

Tendering Signature of Contract contract Completion

HContract 1.1

nt)

r ter of of Direct Grant ( direct agreeme

Last quarteof 2007

First quar2008

Third quarter2010

HContract 2.1 Last quarter Third quarter Last quarter of Supply of equipment

of 2007 of 2008 2010

Duration of the projec 30 Months

ll projects should in principle be ready for tendering in the 1ST Quarter following the

. Cross cutting issues (where applicable)

.1 Equal Opportunity

he principle of equal opportunity will be integrated into all stages of the project

t: Asignature of the FA 6 6 Timplementation. The beneficiary respects the rights of equal opportunity of all genders, groups (i.e. disabled persons) and ages for employment. Appropriate professional qualifications and experience will be the main factors of personnel recruitment and evaluation. Both women and men have identical prospects. Nevertheless, all periodical progress review reports and other

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interim reports will include a specific explanation on measures and policies taken with respect to participation of women and equal opportunity for women and men and will provide measurements of achievement of this goal.

6.2 Environment

.3 Minority and vulnerable groups

ccording to the Turkish Constitutional System, the word minorities encompass only groups

d

NNEXES

- Log frame in Standard Format

- Amounts contracted and Disbursed per Quarter over the full duration of Programme

egic documents: s

l Development Plan

lans

- Details per EU funded contract (*) where applicable:

For TA contracts: account of tasks expected from the contractor

e team leader,

e schemes

s well as technical

tracts: reference list of feasibility study for the constructing works part of the contract as well as a section on investment criteria (**); account of services to be carried out for the service part of the contract

N/A 6 Aof persons defined and recognized as such on the basis of multilateral or bilateral instruments to which Turkey is a party. The project will apply the policy of equal opportunities for all groups including vulnerable groups. This project has no negative impact on minority and vulnerable groups on the contrary the project will contribute positively to the prison life anrehabilitation of the all persons imprisoned.

A 1 23- Reference to Institutional Framework 4 - Reference to laws, regulations and strat

Reference list of relevant laws and regulation

Reference to AP /NPAA / EP / SAA

Reference to MIPD

Reference to Nationa

Reference to national / sector investment p

5

For twinning covenants: account of tasks expected from th resident twinning advisor and short term experts

For grants schemes: account of components of th

For investment contracts: reference list of feasibility study aspecifications and cost price schedule + section to be filled in on investment criteria (**)

For works con

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(*) non standard aspects (in case of deroga

*) section on investment criteria (applicable to all infrastructure contracts and

• Rate of return

ssets (current and after project completion)

tion to PRAG) also to be specified

(*constructing works):

• Co financing • compliance with state aids provisions • Ownership of a

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ANNEX 1: Logical framework matrix in standard format LOGFRAME PLANNING MATRIX FOR Project Fiche Programme name and number

DDIISSSSEEMMIINNAATTIIOONN OOFFMMOODDEELL PPRRIISSOONNPPRRAACCTTIICCEESS AANNDD PPRROOMMOOTTIIOONN OOFF TTHHEE PPRRIISSOONN RREEFFOORRMM IINN TTUURRKKEEYY

Contracting period expires 2 years after the signature of the FA

Disbursement period expires 5 years after the signature of the FA

Total budget: 7.000.000 EURO

IPA budget: 6.000.000 EURO

Overall objective Objectively verifiable indicators

Sources of Verification

To contribute to the improvement of the penitentiary system in Turkey in line with European Prison Rules and other international standards.

EC Regular reports, CPT Reports

Project purpose

oObjectively Verifiable n indicators

Sources of Verification Assumptions

To create a professional, effective and efficient prison service through dissemination of model prison practices and promotion of prison reform in Turkey by upgrading the prison services and contributing to the improvement of detention

-A prison system fully complies with European and other international prison standards have been established.

- A modern prison staff training system and by means of that a modern

EC Regular reports CPT Reports ECHR records, NGO reports, EC and CoE Monitoring Reports

Continued political commitment of Turkish government to make progress in bringing prisons and detention conditions in line with European standards

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conditions.

inmate training system has been established.

-model practices have been disseminated.

Statistics on activities of prisons of the Directorate Generate of the Prisons and Detention Houses of the Republic of Turkey

Results

Objectively

Verifiable indicators

. Sources of Verification Assumptions

3.3.1 Rules and practices adoptedand implemented regarding prisonmanagement and treatment ofinmates according to Europeanstandards. (Activity 1, 2, 3, 4)

3.3.2 Rehabilitation and trainingof inmates complying withinternational human rights andprison standards ensured,detention conditions improved.(Activity 2, 3, 4)

1: 90 model prisonsoperating in compliancewith European Standardsby second quarter of 2010change in the attitudesand behavior of prisonstaff and inmates.

2: Increase in the numberof inmates spending anaverage of at least 30hours per week engagedin constructive activityoutside of theirdormitory, number ofinmates who havecompleted an offendingbehavior programme,increase in number of

1.Content of the cases to the national and European Courts 2. Number of inmates applications received and processed 3. Safisfaction surveys among prisoners and staff. 4. Detailed social activity records of prisons’ administration and surveys among inmates. 5. Cooperation with Labour Agency to provide the data in connection with the inmates who finds a job after release.

Appointment of well qualified and committed staff for Project activities Active support from the MoJ, public prosecutors and prison governors

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3.3.3 Two new Prison StaffTraining Centers are operationalwith same level ofprofessionalism of the other threetraining centers. (Activity 5)

inmates in finding jobsafter release, decrease ofcomplaints of inmateswith psychologicalproblems.

3: Quality of pre-serviceand in-service training ofthe prison staffestablished.

.

6.Operational administrativeand teaching staff at the end ofthe project; Training strategy ofthe already established centersfully implemented in the twonew ones

7.Satisfaction surveys amongprisoners about the attitudes ofstaff who will be provided withtraining from the new rainingcenters.(All survey results willbe compared and theachievement level of newtraining centers will bedetermined)

8. Employment records of staffwho have finalized theirtrainings at the new centers.

9.Inspection reports of centers, the surveys which is held at the end of every training terms, comparison of employment record of staff.

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3.3.4 The role of the MonitoringBoards and the enforcementjudges enhanced. (Activity 6)

3.3.5 Prison Reform promoted topublic and civil society. (Activity7, 8)

3.3.6 The capacity of the GeneralDirectorate of Prisons andDetention Houses of the Ministryincreased for further design andimplementation of prison reforms.(Activity 1, 9)

4: Increase in the numberof inmates benefiting fromthe system, number andresults of investigationslaunched uponcomplaints, number ofcases brought to courtsand court decisions. 5: Increase in theactivities of civil societyin the prisons, increase inthe professionalsatisfaction level ofprison staff.

6: Further amendments tothe legislation areprepared by the GeneralDirectorate in line withEuropean norms.

10. The statistics of reports and decision of enforcement judges are hold in DG headquarter which display the Performance of Boards and Enforcement Judges. 11. Public surveys about prison system, NGO reports. 12..Positive developments in other prisons which are out of the scope of this project and amended enforcement legislation after project.

• Project reports • Monitoring and interim

evaluation reports • Quarterly Reports to

Steering Group • Internal Ministry of

Justice reports

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Activities

Means

Costs

Assumptions

Activity 1: Training Staff on the new codes, legislation and European Prison Rules 2006 a) Training prison staff of the selected 90 prisons about the new penal enforcement system and other relevant legislation laid down in Penal Code , Penal Procedure Code, new Regulation on Enforcement of Sentences and new European Prison Rules (2006) and International Standards

b) The training of the staff of the General Directorate of Prisons and Detention Houses:

c) Strengthening the capacity of prison prosecutors and perimeter security guards: Activity 2: Development of and training on operational standards for specific areas of prison management

a) A prison management manual has been developed under the Judicial Modernization and Penal

Supply of office equipment and equipment for the preparation of training materials for the newly opened prisons, and training center and research and development center

Contract 1 – Direct Grant – 3.000.000 EURO contract 2 - Supply – 4.000.000 EURO

The Prison Service Directorate currently operates two model prisons have a well trained qualified staff. This staffs is to be used in the newly established prisons for training activities and bringing their experience and expertise with them. Directorate General ensures to open these prisons in good time to implement the Project activities. Effective monitoring of project implementation Timely availability of adequate resources.

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Reform project. Training of around 800 prison administrators of the 90 prisons on the contents of the manual (good prison management, leadership and operational standards),

b) Training of prison health staff (around 400 practitioners, dentists, health officers, nurses etc.) of the 90 prisons about the health standards and operational issues: c) Training of prison teachers (around 350 teachers) about the European standards on education in prison and on good methodologies Activity 3: Implementation of effective prisoner rehabilitation (offending behavior) programmes 7 offending behavior programmes have been developed under the JMPR and one programme (anger management) was tested and implemented in the two model prisons of JMPR. The other six programmes need to be implemented. Activity 4: Establishment of

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educational facilities andvocational training workshops,provision of training materialsand tools for 90 prisons

Activity 5: Support to the newly opened Prison Staff Training Centers:

Implement the training methodology and the curricula developed under the JMPR project to newly opened prison staff training centers (Kahramanmaras and one to be opened soon in the Aegean region). Activity 6: Strengthening the external monitoring of prisons Prisons are being externally monitored by 141 enforcement judges and 133 monitoring boards. Activity 7: Engaging NGOs and civil societies in the development of the prison system Activity 8: Raising public awareness of function and developments in prison system

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Activity 9: Support and modernize the research and development center in the General Directorate for Prisons and Detention Houses

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ANNEX II: amounts (in EUR Contracted and disbursed by quarter for the project =

(IPA contribution only)

2007 2008 2009 2010 Contracted QR1 QR2 QR3 QR4 QR1 QR2 QR3 QR4 QR1 QR2 QR3 QR4 QR1 QR2 QR3 QR4 Total Direct Agreement 3.000.000 3.000Supply contract 3.000.000 3.000Cumulated 0 0 0 0 3.000.000 3.000.000 6.000.000 6.000

2008 2009 2010 2011 Disbursed QR1 QR2 QR3 QR4 QR1 QR2 QR3 QR4 QR1 QR2 QR3 QR4 QR1 QR2 QR3 QR4 Total

Direct Agreement 900.000 450.000 450.000 450.000 450.000 300.000 3.000

Supply contract 1.800.000 900.000 300.000 3.000

Cumulated 900.000 900.000 2.700.000 3.150.000 3.150.000 4.050.000 4.500.000 4.500.000 4.950.000 4.950.000 4.950.000 5.700.000 5.700.000 6.000.000 6.000.

ANNEX III Reference to Institutional Framework Institutional Framework: Contracting Authority Central Finance and Contracts Unit (CFCU) will be Implementing Agency and will be responsible for all procedural aspects of the tendering process, contracting matters and financial management, including payment of project activities as well as overall coordination and monitoring of the project implementation. The beneficiary for this project is the Ministry of Justice, General Directorate of Prisons and Detention Houses Responsibility for technical aspects related to preparation, implementation and control will rest with the Directorate General of the Prison and Detention Houses of the Ministry of Justice as the beneficiary institution. Responsibilities of SPO The SPO is in charge of the technical implementation project. The main tasks of the SPO are:

• development of programmes and Project

• preparation and submission of Terms of Reference/Technical Specifications/Works Dossiers

• Provision of technical support to the CFCU during tendering and contracting process,

• technical implementation and monitoring of contracts, notifying the CFCU of difficulties or non- performance during contract implementation

Council of Europe The CoE will undertake the implementation of the project in cooperation with the Ministry of Justice, as well as technical support to the project and will carry our monitoring and reporting.

Project Steering Committee (PSC) A Steering Committee will be established by the representatives from the Council of Europe, the Ministry of Justice, Secretariat General For EU Affairs, the Turkish Bars Association, Bar Associations of relevant cities where the 90 prisons exist. Representatives from the European Commission Delegation and the CFCU will participate in the steering committee meetings as observers. The Steering Committee will elaborate the strategic options of the programme and address the major problems that the programme might face. The Steering Committee shall be called to meet at the beginning of the programme and quarterly or when a serious problem arises. The responsibilities of the Steering Committee are the following: To make an assessment of emerging needs for a sound project implementation. To adopt the overall work programme and the annual work plans Recommend strategies in the light of national sectoral priorities and Accession Partnership To conduct a final review of the implementation. To ensure that any measure is taken to ensure the widest possible dissemination of the project results

(e.g. to organise additional training activities to be conducted by the trainers who benefited from the programme courses).

To recommend strategies for future sustainability The secretariat of the PSC will be provided by the team recruited by the CoE.

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Reporting Requirements: Activity reports will be submitted every three months prior to each Steering Committee meeting. These reports will list more in detail the activities undertaken and assess the progress towards achievement of project objectives. The update will stress particularly the achievement of results. A final report will be made by the end of the project period. The final report should follow the inception report format and include an in-depth assessment of project implementation results and the level of achievement of the objectives. For monitoring of project management and activities, the Ministry of Justice will prepare monitoring reports to be submitted to the National Aid Coordinator (NAC). Besides, an independent Interim Evaluation Team contracted by the EC will also prepare an Interim Evaluation Report for the evaluation of the project management and implementation.

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AANNNNEEXX 44 LLiisstt ooff aallll pprriimmaarryy lleeggiissllaattiioonn rreelleevvaanntt ttoo tthhee pprroojjeecctt

1 Turkish Penal Code 2 Turkish Penal Procedures Code 3 Turkish Penal Enforcement Code 4 Juvenile Protection Code 5 Turkish Probation Code 6 Law on Amended Adoption of Decree on Organization and Duties of the Ministry of Justice

No: 2992 7 Law on Monitoring Boards of Penal Institutions and Detention Houses No: 4681 8 Law on Supervisory Judges No: 4675 9 Law on Staff Training Centers of Penal Institutions No: 4769 10 Bylaw on Administration of Penal Institutions and Detention Houses and the Execution of

Punishments 11 Bylaw on Employment of Former Convicts 12 Regulation on Employment of the Disabled and Former Convicts 13 Regulation on Revolving Funds of Workshops in Penal Institutions 14 Regulation on Observation and Classification Centres 15 Regulation on Employment of Convicts in Penal Institutions in Working Places outside the

Prisons 16 Regulation on Controllers of Revolving Funds of Workshops in Penal Execution and

Reformatory Institutions under the Ministry of Justice 17 Internal Regulation of Prisons and Detention Houses

- - AP/NPPA 2003 and 2006 AP/NPPA 2003 and 2006- - Turkey Multi-annual Indicative Planning Document (2007-2009) Turkey Multi-annual Indicative Planning Document (2007-2009)-- 99tthh FFiivvee YYeeaarr NNaattiioonnaall DDeevveellooppmmeenntt PPllaann -- TTuurrkkiisshh PPrriissoonn RReeffoorrmm MMaasstteerr PPllaann

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AANNNNEEXX 55 DETAILS PER EU FUNDED CONTRACT WHERE APPLICABLE 5.1 Direct Agreement with Council of Europe: A direct grant agreement will be signed with the Council of Europe for the implementation of the project. Council of Europe is the “guardian of European values and principles”. Indeed, all European Union countries and Turkey are already member states of the Council of Europe. Joint projects therefore present a significant opportunity for Turkey to work together with the Council of Europe and the European Union closely to promote Turkish and European standards and consolidate democratic reforms. Under one roof, the CoE elaborates clear common European standards and offers a wide variety of legally binding instruments in particular fields, with effective mechanisms to ensure compliance. Whether it be the European Convention on Human Rights and the judgments of the European Court of Human Rights, the European Social Charter and its collective complaints procedure, the recommendations of the European Commission for Democracy through Law (the Venice Commission), or the visits of the European Committee for the Prevention of Torture (the CPT), the CoE has a legal and practical approach to strengthen and protect all major aspects of human rights and democracy in Europe. The standards that the CoE develops, including recommendations to member states, form the very basis of wider European integration. Compliance with CoE commitments are a specific and important precondition for further progress in drawing closer to the EU.

More than a decade of effective co-operation between the EC and the CoE under the numerous joint programmes has proven that solid results in support of the rule of law, better protection of human rights, and stronger democratic institutions can be achieved when the two organisations combine their respective strengths.

The recommendations of the CPT and the new European Prison Rules developed and adopted by all member countries of the Council of Europe form the basis of this project proposal.

Furthermore, the overall objection of the Judicial Modernisation and Penal Reform Project was to support the modernisation of the penal reform as foreseen in the Turkish Accession Partnership and the National Programme for the Adoption of the Acquis. The present project proposal would be complementary to the Judicial Modernisation and Penal Reform Project and would build on the results of that project.

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55..22 IINNDDIICCAATTIIVVEE CCOOSSTT PPRRIICCEE SSCCHHEEDDUULLEE FFOORR SSUUPPPPLLYY SUPPLY TOTAL = 3.995.050 EURO

ITEM PRICE

UNIT

TOTAL PRICE IN EUROS

ACTIVITY 4 Establishment of educational facilities and vocational training workshops, provision of training materials and tools for 90 prisons

Vocational Training Workshops (*)

12.000 90 prisons x 3 3.240.000

Computer Labs in prisons (Desktop PCs)

700 90 prisons x 5 315.000

Projector 1.000 90 prisons 90.000 Thermal Binding

Machine 300 90 prisons 27.000

Books 3.000 90 prison library 270.000 Total 3.942.000

(*): Depending on the experience of the JMPR project, procurement of vocational training workshop equipment per each workshop costs around 12.000 €.

ITEM PRICE

UNIT

TOTAL PRICE IN EUROS

ACTIVITY 5 Support to the newly opened 2 Prison Staff Training Centers

Laptops for 16 Trainers

1.500 16 24.000

Photocopy Machine

2.750 2 5.500

Video Camera 3.200 2 6.400 Total 35.900

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ITEM PRICE

UNIT

TOTAL PRICE IN EUROS

ACTIVITY 9 Support and modernize the research and development center in the General Directorate for Prisons and Detention Houses

Desktop PC 700 3 2.100 Projector 1.000 2 2.000 Photocopy

Machine 2.750 1 2.750

Thermal Binding Machine

300 1 300

Books 10.000 1 10.000 Total 17.150

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55..33 IINNDDIICCAATTIIVVEE TTEECCHHNNIICCAALL SSPPEECCIIFFIICCAATTIIOONNSS FFOORR IITT HHAARRDDWWAARREE AANNDD SSOOFFTTWWAARREE AANNDD OOTTHHEERR EEQQUUIIPPMMEENNTTSS..

1. Laptop Computer

Parameters

Characteristics (minimal requirement)

Offered parameters

Processor Centrino duo-2

Motherboard 945 chipset

Memory (RAM) 1 GB. DDR II

Speed of processor 2.00 Ghz.

Hard disk Min. 120 Gb

Display adapter Min. 256 mb. (256 mb. supported)

Operating system Windows Vista pro edition Turkish

Optical driver DVD+RW

Screen 15”

Screen resolution 1024*768

Memory card 5 in 1 SMR (SD/MMC/MS/PRO/XD)

Ethernet card Yes

Wireless Yes

USB entry 4 x USB Port

Bluetooth Yes Accessories Mobile case for transport with separated places for notebook and

power supplies

Manuals User manual in [Turkish] for each notebook Certificates The offered product should bear a CE marking symbolising

conformity with all applicable Community provisions and directives. An appropriate certificate concerning design and production of computers is required.

Warranty [x]-months on-site warranty from the date of acceptance and other conditions as specified in the Technical Specifications. During warranty period, the supplier is also obliged to provide

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the end-use with free of charge new versions of BIOS, firmware and drivers – if applicable

Delivery (DDP) & Installation time [x] days from the date of signing the contract Origin of the goods EU states, Turkey or Phare, Meda and Cards beneficiary

countries

2. Desktop Computer

Parameters Characteristics (minimal requirement) Offered parameters*

Must have higher than 300(>300) PassMark Score (2 CPU)

RAM DDR2 533 1024 MB RAM

HDD 120 GB 7200RPM HDD

DVD/CD-RW 18X DVD-RW

[FDD 1.44 MB 3,5” FDD

Monitor Must have 17” LCD Monitor and supporting 0.28 dpi 1024*768

Graphic Card Must have 256 MB onboard or external Graphic card

External ports Onboard Ports

2 Serial

1 Parallel and 5x USB 2.0

Ports (2 front and 2 rear)

IEEE 1394 port, 10/100

Network-Modem Mbps and Wake on Lan

Power Power Supply 220-240 V, 50-60 Hz, Turkish plug

Keyboard Mouse and Turkish Q/F PS/2 USB Keyboard

Mouse Must have 2-Button scroll wheel mouse PS/2 or USB Software Software MS Windows XP Pro. With Turkish language support

Certificates The offered product should bear a CE marking symbolising

conformity with all applicable Community provisions and directives. An appropriate certificate concerning design and

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production of computers is required. Warranty [x]-months on-site warranty from the date of acceptance and

other conditions as specified in the Technical Specifications. During warranty period, the supplier is also obliged to provide the end-use with free of charge new versions of BIOS, firmware and drivers – if applicable

Delivery (DDP) & Installation time [x] days from the date of signing the contract Origin of the goods EU states, Turkey or Phare, Meda and Cards beneficiary

countries

Manuals User manual in [Turkish] for each desktop

3-Projector

Parameters Characteristics (minimal requirement) Offered parameters*

DLP or LCD Technology

1700 ANSI lumens

1024 x 768 pixels Resolution

SXGA, XGA, SVGA, VGA -PC Compatibility

400:1 Contrast Percentage

NTSC, PAL, SECAM, HDTV- Video Compatibility

S-VİDEO Composite

2000 hours Lamp life

Adjustable Auto-off facility to save lamp hours

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4-Photocopy Machine

Parameters Characteristics (minimal requirement) Offered parameters*

Paper capacity

2X500 sheet

Print quality

600x600 dpi

Copy size

A6-A3

Copying speed

Minimum 22 A4 copies per minute

Memory

Minimum 16 MB

Hard disk

20 Gb

Built in network printer feature

Existing

Quantity selector up to 999 and series copy feature

Intensity setting

Automatic and manual Image density function

Zoom

25%-400% in 1% increments Zoom range

Automatic document server feature

Existing both for copying and printing

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Auto-paper selection function

Existing

Document feeder

Up to 50 original document

Auto-duplex function and finisher (infinite classification), automatic sorting feature and stapler function

Warranty [x]-months on-site warranty from the date of acceptance and other conditions as specified in the Technical Specifications.

Delivery time [x] days from the date of signing the contract

Origin of the goods EU states, Turkey or Phare, Meda and Cards beneficiary countries. If at the time of tendering there are no digital photocopier from eligible origin than derogation from the rule of origin is granted.

5- Thermal Binding Machine

Parameter Characteristics (minimal requirement) Offered parameters*

Thermal Technology

Capacity

Minimum up to 400 binding

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40 mm bindind breadth

Must also electronic timing and refrigirating panel

6. Video Camera Parameter Characteristics (minimal requirement) Offered parameters Record media DVD Zoom rate (optical) 25 Zoom rate (digital) 2000 Extention microphone Stereo Minimum lighting with nightshot Existing White balance Automotic Sound output Existing S- video output Existing Video output Existing Memory Stick PRO compatibility Existing Props sockets Existing Battery information Existing USB Streaming Existing LCD Dimension (inç) 2.7 Using casette 8cm DVD Photograph compression JPEGCertificates The offered product should bear a CE marking symbolising conformity with all applicable Community provisions and directives. An appropriate certificate concerning design and

38

production of computers is required. Warranty [x]-months on-site warranty from the date of acceptance and other conditions as specified in the Technical Specifications.

Training [x]-days on-site on [….] as specified in the Technical Specifications. Delivery time [x] days from the date of signing the contract Origin of the goods EU states, Turkey or Phare, Meda and Cards beneficiary countries. If at the time of tendering there are no camera from eligible origin than derogation from the rule of origin is granted.

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5.4 INDICATIVE BUDGET FOR THE DIRECT AGREEMENT

Annex III. Budget for the Action1 All Years Year 12 Expenses Unit # of units Unit # of units

Unit rate (in

EUR) Costs (in

EUR)3 Unit rate (in EUR)

C

1. Human Resources 1.1 Salaries (gross amounts, local staff)4 1.1.1 Technical Per month 0,00 Per month 0, 1.1.2 Administrative/ support staff 1.1.2.1 Project Officer (Ankara) Per month 24 3.800,00 91.200,00 1.1.2.2 Administrative Assistant (Ankara) Per month 24 3.200,00 76.800,00 1.1.2.3 Interpreter / Translator (Ankara) Per month 24 3.800,00 91.200,00 1.1.2.3 Usher (Ankara) Per month 24 2.000,00 48.000,00 1.2 Salaries (gross amounts, expat/int. staff) 1.2.1 Project Manager (Ankara) Per month 24 8.000,00 192.000,00 1.2.2 Accountant (Strasbourg) Per month 24 4.000,00 96.000,00 1.2.3 Long Term Expert Per month 24 12.000,00 288.000,00 1.2.4 Short Term Experts Per day 432 250,00 108.000,00 1.3 Per diems for missions/travel5 1.3.1 Abroad (staff assigned to the Action) Per diem 1.140 169,00 192.660,00 Per diem 0, 1.3.2 Local (staff assigned to the Action) Per diem 2.500 169,00 422.500,00 Per diem 0, 1.3.3 Seminar/conference participants Per diem 2.700 100,00 270.000,00 Per diem 0,Subtotal Human Resources 1.876.360,00 0, 2. Travel6 2.1. International travel Per flight 180 750,00 135.000,00 Per flight 0,2.2 Local transportation Per month 1.700 150,00 255.000,00 Per month 0,Subtotal Travel 390.000,00 0, 3. Equipment and supplies7

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3.1 Purchase or rent of vehicles Per vehicle 0,00 Per vehicle 0,3.2 Furniture, computer equipment Per item 5 3.500,00 17.500,00 0,3.3 Machines, tools… Per item 3.4 Spare parts/equipment for machines, tools 0,00 0,3.5 Other (please specify) 0,00 0,Subtotal Equipment and supplies 17.500,00 0, 4. Local office 4.1 Vehicle costs (rent and running costs) Per month 24 3.000,00 72.000,00 Per month 0,4.2 Office rent (including office charges) Per month 24 1.750,00 42.000,00 Per month 0,4.3 Consumables - office supplies Per month 24 1.100,00 26.400,00 Per month 0,4.4 Other services (tel/fax, electricity/heating, maintenance) Per month 24 2.200,00 52.800,00 Per month 0,Subtotal Local office 193.200,00 0, 5. Other costs, services8 5.1 Publications9 Per page 198.000 0,25 49.500,00 0,5.2 Studies, research9 0,00 0,5.3 Auditing costs 0,00 0,5.4 Evaluation costs Per Project 1 30.000,00 30.000,00 0,5.5 Translation, interpreters 0,00 0, 5.5.1 Translation Per page 1.700 10,00 17.000,00 0,

5.5.2 Interpretation Per item (per

day&pers) 235 680,00 159.800,00 0,5.6 Financial services (bank guarantee costs etc.) 0,00 0,5.7 Costs of conferences/seminars9 Per event 35 2.000,00 70.000,00 0,5.8 Visibility actions Per event 4 1.400,00 5.600,00 0,Subtotal Other costs, services 331.900,00 0, All Years Year 1

Expenses Unit # of units Unit rate (in

EUR) Unit # of units

Costs (in EUR)

Unit rate (in EUR)

C

6. Other 0,00 0,Subtotal Other 0,00 0, 7. Subtotal direct eligible costs of the Action (1-6) 2.808.960,00 0,

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8. Provision for contingency reserve (maximum 5% of 7, subtotal of direct eligible costs of the Action) 9. Total direct eligible costs of the Action (7+ 8) 2.808.960,00 0,10. Administrative costs (maximum 7% of 9, total direct eligible costs of the Action) 196.627,20 11. Total eligible costs (9+10) 3.005.587,20 0,