WAN - TIHV Wan Representative Sevim Çiçek said that in prisons where the law is put aside, the state approaches ill prisoners with a "practice of revenge".

 

One of Turkey's biggest issues is ill prisoners. According to the data of the Human Rights Association (IHD); There are 1517 ill prisoners in prisons, 651 of whom are seriously ill. Obstacles to their right to access health are among the primary violations of rights faced by prisoners who are sickened by the negative physical and psychological conditions that move one step further in prisons every day. Faced with practices that amount to torture, the prisoners are stuck between the prison, the hospital and the Forensic Medicine Institute (ATK), defined as the "triangle of death".

 

Hundreds of ill prisoners, who were at the center of criticism with the political decisions they made, were behind the walls, and some of them, who were released on their deathbeds, died outside a very short time later, according to the reports of ATK, which said "they could stay in prison." At least 34 ill captives died in the last year alone. Calls made by human rights, law and health organizations to solve this issue by respecting the right to life of prisoners remain indifferent.

 

Sevim Çiçek, Wan Representative of the Human Rights Foundation of Turkey (TİHV), evaluated the issue of ill prisoners and the government's approach to ill prisoners.

 

'WE ARE NOT FULLY AWARE OF PRISONS'

 

Stating that the law applied in prisons was shelved, especially after the dialogue process was terminated by the AKP government in 2015, Çiçek said that they are not fully aware of what is happening in prisons today, since it is not possible for independent delegations to go to prisons and record what is happening there.

 

Stating that they prepared reports in line with the information they obtained through limited applications made as a foundation, Çiçek said: “From the statements of people who came to our institutions and applied after their release, we see that the law is really put on the shelf in prisons. Prisoners are subjected to many unlawful acts and serious rights violations regarding access to treatment. The issues of ill prisoners have reached a truly alarming level. Here it is necessary to look at the responsibility of the state and the policies it implements. Prisoners die not only in prison, but also shortly after leaving prison. The state and authorized institutions did not take any steps on this issue." 

 

Pointing out that the Ministry of Justice does not share transparent data about prisons, Çiçek said: “Unfortunately, authorized institutions do not convey to the public clearly, impartially and accurately what is happening in prisons. We make evaluations with the data obtained from the families and lawyers of the prisoners. One of the most important issues faced by seriously ill prisoners in prisons is access to health. As an institution, we know that there are not enough doctors in some prisons, prisoners are not taken to the infirmary on time, hospital transfers are delayed, and even if they are taken, they are treated against human dignity. They seek to isolate prisoners and deprive them of human contact. For example, solitary cells have been built and prisoners finish their sentences in these cells. However, most ill prisoners are not in a position to living alone.”

 

THE RESPONSIBILITY IS WITH THE STATE 

 

TİHV Representative Sevim Çiçek said that the prison administrations and the state are responsible for the ill prisoners who lost their lives in prisons.

 

Stating that ATK makes political decisions, Çiçek noted that there is no such approach in either domestic law or international law. Çiçek: “Prisoners' right to life and right to health are the responsibility of the state. Therefore, it must work this way. There are unacceptable practices such as the chief public prosecutors making the final decision even if the Forensic Medicine Institute (ATK) gives a report stating that ill prisoners cannot stay in prison. Police, military, gendarmerie, prison administration and prosecutors cannot decide whether ill prisoners will stay in prison or not. This process has been determined by international agreements and Turkey has signed under it as a party. ATK is the highest decision-making authority. However, when we look at the decisions made by ATK, there are many contradictions within itself. It provides some unscientific, political evaluations and reports based on the prison policy of the current government. These reports have been brought to such a point that decisions are made without doing all the examinations of the ill prisoner or without a doctor's signature."

 

'SOCIETY MUST BE MORE RESPONSIVE'

 

Regarding this situation, Çiçek said, "The practice of taking revenge on the prisoners is being exhibited," and emphasized that the society must be more responsive to the unacceptable practices imposed on ill prisoners in prisons.

 

Stating that they, as an institution, will continue their work on the situation of ill prisoners, Çiçek said, “We share our reports about prisons at certain intervals of the year. We also inform the public about what needs to be done. We prepared many activities and reports regarding the situation of ill prisoners after the epidemic. We will do our best in this regard. We will frequently make warnings to authorized institutions so that prisoners do not lose their lives in prisons."