Sick prisoners in the deadlock of prosecutor's office, FMI and hospitals 

2020-11-12 12:57:29


	ANKARA - While the health conditions of the prisoners are worsened day by day in Turkey where 21 sick prisoners died this year, the authorities are remaining silent on the issue. Sick prisoners lose their lives in a deadlock between the prosecutor's office, the Forensic Medicine Institude and the hospitals.

	 

	Sick prisoner Sıtkı Bektaş lost his life yesterday in Tekirdağ Type F Prison as a result of a gastrointestinal bleeding. Beştaş, who has been held in prison for the last 28 years lost his life despite all the applications made for his release due to his many illnesses. Beştaş is the 21st sick prisoners died in prisons this year.

	 

	When the already poor hygiene conditions of prisons combined with the Coronavirus (Kovid-19) epidemic, the lives of sick prisoners who were excluded from the "Execution Law" are in a greater risk.

	 

	HOW MANY PRISONS AND HOW MANY SICK PRISONERS ARE THERE IN TURKEY? 

	 

	According to the 2020 budget report sent by the Ministry of Justice to the parliament there are 282 thousand 703 prisoners in 355 prisons. According to the data of the Human's Rights Association (İHD); there are 1.605 sick prisoners 604 of whom are in critical condition. 249 of these prisoners are female. But considering the prisoners who did not apply to İHD, the number is much higher. 

	 

	HOW DO THE PRISON CONDITIONS EFFECT THE PRISONERS?

	 

	Most of the sick prisoners have more than one illness. Some have diabetes, some suffers from heart disease, high blood pressure, cancer.. The prisons which are already a risk for those who have chronic diseases, are now much worse with the pandemic. The prisons are too hot in summer and too cold in winter and over crowded. The food is less then mediocre. The prisoners who do not have any diseases are tend to get sick because of inactivity, which causes heart attacks. The second problem of the sick prisoners is access to health services. They have difficulty accessing healthcare and even if they manage to get themselves to the hospital they are forced to be treated with handcuffs on. They are subjected to many violations of rights while being transferred to hospital from prison. 

	 

	WHAT DO THE INTERNATIONAL CONTRACTS SAY?

	 

	Many international treaties drew attention to the situation of ill prisoners but in Turkey the warnings are ignored. According to Fundamental Principles- Mandela Rules (Rule 24-27), Medical Ethical Principles (Article 1) and ecommendation No. 2 (art.40.3) of the Committee of Ministers of the Council of Europe on the European Prison Rules (art.40.3), prisoners in prison have the same quality and standard, regardless of their legal status, the right of equal access to medical care provided to persons throughout the country.

	 

	HOW DOES THE LAW WORK FOR SICK PRISONERS IN TURKEY?

	 

	Again, according to the 16th article of the Penal Execution Law, it is stated that the executions of the persons "who are decided by the health committees of the full-fledged hospitals arranged by the Forensic Medicine Institution or determined by the Ministry of Justice and approved by the Forensic Medicine Institution that the convict's illness constitutes a definite danger to his life" can be postponed. Provisions that allow the postponement of the prison sentence given to sick prisoners due to illness are included in the 16th article of the Law No. 5275. In accordance with this provision, it is possible to postpone the execution of the sentence in 4 cases. In order for the execution of the detainee to be postponed, it is necessary to first apply to the prosecutor's office and transfer the patient to the hospital, and then after the report of ATK, the relevant Chief Public Prosecutor's Office must evaluate that the release of the prisoner does not pose any danger in terms of public safety.

	 

	WHY ARE FORENSIC MEDICINE INSTITUDES IMPORTANT?

	 

	The Forensic Medicine Institude boards and experts are appointed by the Ministry of Justice and usually does not give reports contrary to the opinion of the government. Dozens of prisoners whose illnesses are confirmed with medical reports, aren't being released because the Forensic Medicine Institude does not give the confirmation for their release. In some cases, even the Forensic Medicine Institude's report for the release of the prisoner is not accepted by the authorities and the sick prisoner remains in prison despite the report. Sick prisoners are in a sense, sentenced to death in the triangle of the prosecutor's office, the Forensic Medicine Institude and the hospitals as a result of their conflicting reports.

	 

	WHY ARE SICK PRISONERS STILL IN PRISON?

	 

	Sick prisoners who were excluded from the new law on execution passed into law after the pandemic are considered to be 'enemies' and 'persons harmful to society'. While hundreds of murderers and sex offenders were released with the law in question, the political prisoners are still being held in prisons, which eventually cost them their lives.

	 

	 

	 

	MA / Eylem Akdağ