Suleyman Sabri Mavi, 75, whose 8 years and 9 months prison sentence was upheld by the Court of Cassation, was detained on August 11 at his house in Gever (Yüksekova) district of Colemêrg (Hakkari). Mavi had a heart attack during the detention and was hospitalized. Mavi was discharged from hospital and sent to Van Type F Closed Prison on August 12. 

 

Mavi, who is visually and hearing impaired, has a 96 percent disability report issued by Yüksekova State Hospital. Mavi is bedridden due to the failure of most of his internal organs.  

 

Mavi's lawyer Medya Çallı applied to the Van Public Prosecutor's Office for a stay of execution and transfer to the Forensic Medicine Institute (ATK). 

 

ECTHR AND CONSTITUTIONAL COURT DECISIONS REMINDED

 

In the application, the decisions of the European Court of Human Rights (ECtHR) and the Constitutional Court (AYM) were reminded and the following was stated: “If a person who entered prison as a healthy detainee or convict loses his/her health, or if a person whose health is not in good condition and who is not suitable for prison conditions is imprisoned and his/her condition worsens or dies, the state is responsible for this. In this context, it is an obligation for states to take legal, administrative or judicial measures to ensure the effective protection of the right to life. It is a legal, constitutional, political and conscientious obligation for the state to fulfill its positive obligation in this regard.” 

 

'SENT TO PRISON WITHOUT TREATMENT'

 

In the petition requesting release, the following statements were made: “As can be clearly seen in the report issued by Yüksekova State Hospital, he has a 96 percent disability. The client, who has serious illnesses from various diseases, was taken to Yüksekova State Hospital with the suspicion of a heart attack, and after being hospitalized for only one day without the necessary examinations and treatments, he was immediately discharged and taken to Van Type F High Security Prison. For the aforementioned reasons, considering that the measures to be taken for the client, who has serious illnesses and cannot survive in prison conditions, are inadequate in prison conditions, we demand that his execution be postponed until the conditions are met, and that his execution be postponed after the client is referred to a full-fledged hospital or Forensic Medicine Institution and a report is obtained to determine whether he is suitable for prison conditions.”

 

WHAT HAPPENED?

 

Süleyman Sabri Mavi was charged with “membership in a terrorist organization” in Gever (Yüksekova) district of Colemêrg within the scope of an investigation launched in 2012 under the name of “KCK”. Mavi was sentenced to 8 years and 9 months in prison. The 3rd Criminal Chamber of the Court of Cassation recently upheld the local court's decision in 2019. 

 

In the same case, 24 names, including politicians, were on trial. They were sentenced to prison terms ranging from 8 to 17 years. All of the sentences were upheld by the Court of Cassation.