Prison Overcrowding and the International Prison Rental Model as a Temporary Response
ISTANBUL HUKUK MECMUASI, cilt.84, sa.3, ss.1222-1241, 2026 (ESCI, TRDizin)
- Yayın Türü: Makale / Tam Makale
- Cilt numarası: 84 Sayı: 3
- Basım Tarihi: 2026
- Doi Numarası: 10.26650/mecmua.2026.84.3.0002
- Dergi Adı: ISTANBUL HUKUK MECMUASI
- Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), TR DİZİN (ULAKBİM)
- Sayfa Sayıları: ss.1222-1241
- İstanbul Üniversitesi Adresli: Evet
Özet
Overcrowding in penal institutions is one of the most challenging issues facing criminal justice systems in T & uuml;rkiye and many European countries. Although various measures have been adopted to address this problem, no lasting improvement has been achieved. In this context, some states have turned to international prison rental agreements, which allow inmates to serve their sentences in the penal institutions of another state, as a means of reducing prison populations. This study examines the international prison rental model, developed as a temporary response to prison overcrowding, from different perspectives. It addresses the current state of penal institutions in T & uuml;rkiye and the underlying causes of overcrowding and then provides a comparative analysis of agreements that have been implemented in Europe. Within this framework, the study evaluates the legal structures of such agreements, the allocation of enforcement authority, the criteria governing prisoner selection and the monitoring mechanisms involved. The study demonstrates that while this model may alleviate capacity pressures in the short term, it raises serious concerns regarding inmates' rights. Particularly, the disproportionate impact of such arrangements on foreign nationals and prisoners eligible for deportation renders the model's compatibility with the prohibition of discrimination and the standards of the ECHR highly questionable. The study concludes that durable solutions to prison overcrowding should be pursued not through temporary models based on the enforcement of sentences in otherstates, but ratherthrough the effective implementation of alternatives to imprisonment and a comprehensive reconsideration of criminal justice policies.