RIHA - Stating that his brother Emin Güler was not released despite the 94 percent physical disability report, Ahmet Güler said: “My brother cannot recover in prison. They want him to die in prison."

 

Emin Güler (32), who is on the ill prisoner list of the Lawyers Association for Freedom (ÖHD) Riha Branch and the Human Rights Association (IHD) Riha Branch, is not released despite applications. Güler, who was detained and arrested in the Hewag (Bozova) district of Riha on December 16, 2016, was sentenced to 9 years in prison on the grounds of "being a member of a terrorist organization". Güler's 9-year sentence was approved by the Supreme Court on November 8, 2018. The health condition of Güler, who is held in Urfa No. 2 Type T Closed Prison and whose right hand and foot cannot move, is getting worse day by day. Güler, who is 94 percent physically disabled and cannot meet his basic needs on his own, is not released despite all the calls.

 

While all applications for Güler were left inconclusive, it was decided that he would be transferred to type R prisons with the report that he could stay in prison, issued by the Forensic Medicine Institute (ATK) in Istanbul, where he was last taken.

 

APPLICATIONS ARE NOT RESULTS

 

Stating that her client Emin Güler's right to treatment was denied, lawyer Ayşe Şehirban Demirel said:"Güler suffered Vertigo (Dizziness, loss of balance) and spinal cord injury due to lack of treatment. We could not get any results from their applications to local courts for Güler's treatment to be carried out outside. Güler is on the ill prisoner list in many institutions. We applied to ATK regarding my client. ATK prepared a report about Güler a few months ago, and the report said that Güler should be transferred to type R prisons where he would not be released from prison. However, type R prisons are not suitable for the conditions of ill prisoners. Because the detainees are isolated there, their illnesses increase even more. Sick detainees with serious illnesses, like Emin Güler, need to be released as soon as possible. After our applications to local courts regarding Emin Güler were rejected, we applied to the Constitutional Court (AYM) 6 months ago, but we have not received a response yet."

 

'PRISONERS ARE EXPOSED TO DISCRIMINATION'

 

Stating that Güler should receive constant physical therapy due to her illness, but stated that this right was denied because there was no hospital referral, Demirel said: "Political prisoners are subjected to discrimination by the prison administratioN. Ill prisoners, on the one hand, are struggling with their diseases, and on the other hand, they are discriminated against because they are political prisoners. Chief among these are discriminatory decisions of the Administrative and Observation Boards, inability to video chat, communication bans, inability to reach media outlets and patient referrals. Hospital transfers of ill prisoners are either made late or not at all. In case of hospital transfers, prisoners are exposed to serious rights violations during transfers. They are subjected to oral searches, handcuffed examinations and many rights violations. This situation becomes even more challenging for physically disabled detainees like Emin Güler.”

 

'HOSPITAL REFERRAL IS NOT PROVIDED'

 

Stating that Emin Güler's disease conditions should be treated in the hospital, Demirel said: “If Emin Güler's routine treatment is not carried out, his disability will increase even more. Emin Güler has to go to the infirmary almost every day. Prison infirmary conditions are not sufficient to meet the needs of ill prisoners, so the infirmary doctor often writes a hospital referral. However, hospital referral may take several months. For this reason, the necessary treatments are not performed. There is also a report from the Chamber of Medicine that states that seriously ill prisoners like Emin Güler are not treated in accordance with medical ethics in prisons and that the treatment conditions are not appropriate."

 

Defining the failure to release seriously ill prisoners, who are 94 percent disabled, as a human rights violation, Demirel said: “According to the European Court of Human Rights (ECHR) and international conventions, seriously ill prisoners like Emin Güler must be treated in hospital or at home; however, in Turkey, many seriously ill patients are not treated in the prison hospital or at home, and applications for this are rejected. This causes a serious violation of rights. Due to these violations, many ill prisoners lost their lives in prison. Even though we explained that this is a serious risk, we cannot get any results."

 

'THEY WANT HIM TO DIE'

 

His older brother Ahmet Güler, who said that his brother received physical therapy before his arrest, said: “Although he was given a 94 percent disability report from the hospital, he is not released. My brother cannot recover in prison. They literally say 'he should die in prison'. He is not in a position to meet his needs alone. He meets his needs with the help of his friends who stay with him in prison. He is sent to the hospital late. During the transfer, he is subjected to arbitrary searches and insults by the law enforcement. For this reason, he does not want to be transferred to the hospital."

 

MA / Mahmut Altıntaş