Turkish Prison

[Frylock]

I just caught a glimpse of the movie "Midnight Express" and decided to look up info about Billy Hayes. Unforunately, the information available through google is (suprisingly) sparse.

My two main questions are:

1. What are (were?) the rules in Turkey which allow a sentence to be extended as it was in Hayes' case? (I'm correct in thinking nothing like this can happen in the US, right? What other nations have procedures which allow for extensions of sentences?)

2. How did Hayes end up escaping?

-FrL-

[jimmmy]

I asked some GQ's about him and the movie herethree years ago. I does not answer your questions but it is some tangental FWIW

[anson2995]

Originally Posted by Frylock

2. How did Hayes end up escaping?

In the movie he killed the warden and then escpaed, making his way over land to Greece. In the book on which the movie was based, he was transferred to another prison where he escaped by sea.

[Frylock]

Originally Posted by anson2995

In the movie he killed the warden and then escpaed, making his way over land to Greece. In the book on which the movie was based, he was transferred to another prison where he escaped by sea.

As in, he just took off swimming one day?

-FrL-

[Chez Guevara]

Originally Posted by Frylock

What other nations have procedures which allow for extensions of sentences?

We do.

The Attorney General may, under certain circumstances, appeal an Unduly Lenient Sentence. From the Crown Prosecution Service website:

Sections 35 (Archbold, 7-302) and 36 (Archbold, 7-304) Criminal Justice Act 1988 ("the Act") empower the Attorney General to apply to the Court of Appeal for leave to refer for review any sentence which:

appears to the Attorney to be unduly lenient ;

was passed on an offender for a limited range of offences ;

was passed in the Crown Court ; and

a written application for leave to refer, signed by the Attorney, is lodged with the Registrar of Criminal Appeals within 28 days of the sentence being passed. The 28 day time limit is absolute: prosecutors must ensure cases are handled expeditiously so that the time limit is met.

What is an 'unduly lenient sentence'?
The unduly lenient sentencing regime applies to sentences that are unduly lenient and not to sentences that are simply lenient.

Lord Lane CJ has set out the approach to section 36 of the Act <Attorney General's Reference No.4 of 1989 11 Cr App R(S) 517> :

"A sentence is unduly lenient.where it falls outside the range of sentences which the judge, applying his mind to all the relevant factors, could reasonably consider appropriate. In that connection, regard must of course be had to reported cases, and in particular to the guidance given by this Court from time to time in the so-called guideline cases"
Further guidance has been given by Lord Lane CJ <Attorney General's Reference No.5 of 1989 11 Cr App R(S) 489> . Before the Court grants an application of this sort, it must be shown that there was some error of principle in the judge's sentence; that in the absence of the sentence being altered by the Court, public confidence would be damaged; and that the Court should only grant leave in exceptional circumstances, and not in borderline cases.

A sentence can be referred to the Court of Appeal by the Attorney as an unduly lenient sentence if it appears to him that the judge erred in law as to his powers of sentencing, or failed to impose a sentence required by sections 109(2), 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000 <refer to mandatory/minimum custodial sentences, elsewhere in this guidance>.

[Little Nemo]

I'm correct in thinking nothing like this can happen in the US, right? What other nations have procedures which allow for extensions of sentences?

New York (and other states) has laws that can be used to involuntarily confine some sex criminals after they have completed their sentences of incarceration.

[anson2995]

Originally Posted by Frylock

As in, he just took off swimming one day?

The prison he was moved to was on an island. He stole a rowboat and rowed to shore, then travelled by land until he reached the Greek border. He couldn't get across, because he didn't have a passport, so he swam across the river.

The book is *a lot* better than the film. Oliver Stone created an entirely different story, fabricating most of the violence and painting a picture of Turkey that most people found offensive.

[Peanuthead]

I recall a similar case involving an American girl in her late teens or early twenties who was given a life sentence for smuggling a small amount of hashish around the same time as Hayes. I believe her name was Kathleen Zenz. Not positive about the name but the photograph of her reaction to the sentence is etched permanently in my memory. I have no idea of what became of her. Perhaps she's still imprisoned. Anybody know of the case?

[Frylock]

The only cite I can find is [url=http://www.colemansrock.com/Oregon.htm[/url]. Someone's describing the story in order to explain part of the process behind their having written some song or other.

It basically just says Kathy Zenz was sentenced to 45 years in prison because she was driving a tourbus that had hashish stuffed in its panels. There was another girl driving a bus, and a guy who had hired them both, who both recieved the same sentence. (It was 45 years, then was increased to Death on appeal, then commuted back to 45 years on a second appeal.)

The guy who hired them told the authorities the two girls didn't know anything about the drugs. Its scary to think that might be true.

No info on if they're still there or still alive.

-FrL-

[Frylock]

[ur]=http://query.nytimes.com/gst/fullpage.html?res=9C05E7D91739F931A15751C0A967948260&n=Top%2fReference%2fTimes%20Topics%2fSubjects%2 fS%2fSmuggling]here[/url] the NYT says they were transferred to an American prison in 1981, eight years into their sentence. It says they had just 16 years to go at that point, so I guess they're out now.

[Frylock]

And finally, here it says they were paroled almost immediately after transfer, so she's been free since 1981.

-FrL-

[Peanuthead]

Thanks for the update Frylock. And not to be preachy or anything, but you'd better watch your step when travelling abroad everybody. American citizenship does not give you immunity to the host country's laws and your "rights" here in the USA do not transfer overseas. If you wouldn't do anything to put you in jail here, you damn sure don't want to do anything that will put you in jail elsewhere.

[Will Repair]

More info on Billy Hayes from a pro-Turkish site.