Separation of authority and duties in the administration of penal sanction institutions in Turkey: A study from the perspective of the principle of separation of powers

The principle of separation of powers, which is one of the fundamental elements of the rule of law, aims to ensure that legislative, executive, and judicial bodies operate independently and in balance with one another. This principle is of great importance for maintaining legal order, safeguarding individual rights and freedoms, and ensuring transparency in public administration. In Türkiye, provincial administrative officers and execution prosecutors, who are members of the executive and judicial branches respectively, have been jointly authorized and held responsible for the management of penal institutions. This study examines the duties, powers, and responsibilities of administrative governors and public prosecutors in the management of penal institutions in Türkiye within the framework of the principle of separation of powers. Firstly, the theoretical foundations and legal bases of this principle will be addressed, followed by an evaluation of existing regulations and practices in the administration of penal institutions. Within this scope, potential disruptions and challenges arising from the interaction between administrative and judicial authorities will be analyzed and offered some recommendations to simplify and enhance the efficiency of penal institution management. The absence of any studies in the current literature concerning the administration of penal institutions—despite their critical importance in terms of their functions—suggests that this study could serve as a pioneering step towards filling a significant gap in academic research.