The legal liability of administration arising from prison management

As a requirement of the rule of law, the administration compensates for the damage it causes on the basis of fault and strict liability. Strict liability is based on two principles: the principle of risk and the principle of equal apportionment of public burdens. In the case of fault liability, the attitude and conduct of the administration must be "defective". In some areas of administrative activity, administrative liability requires not only negligence, but also gross negligence. Public service in prisons is one of these activities. It is well known that prisons are one of the places with the highest potential for rights violations. Prisoners and detainees live under the control of the prison administration, which in turn exercises control and supervision over them. In this context, various violations occur in prisons, and the administration that runs the prison is held responsible for these violations on the basis of fault and strict liability for various reasons. In our study, we have tried to provide information about the conditions under which the Turkish Council of State holds the prison administration responsible for the damages and incidents that may occur in prisons.