According to the data of Human Rights Association (IHD) dated March 31, 2020, there are 1,564 ill prisoners in prisons, 590 of them seriously ill. The problem of ill prisoners, which is considered to be higher than the current number of ill prisoners and has turned into a legal and human rights problem, is interpreted as a test of the government's “sincerity in the process” in the discussions on the solution of the Kurdish issue. 

 

Following Kurdish People's Leader Abdullah Öcalan's “Call for Peace and Democratic Society”, Fethi Yıldız, the Deputy Chairman of the MHP, a partner of the People's Alliance, could no longer ignore the problem of ill prisoners. 

 

Yusuf Erdoğan, member of IHD Amed Branch Prisons Commission, said that ill prisoners are prevented from accessing their right to health care in prisons through practices such as not being treated, not being given their medication or giving it late, not being taken to the infirmary, and being examined in handcuffs. Stating that there are many obstacles to the release of ill prisoners stemming from the Law No. 5275 on the Execution of Criminal and Security Measures, Erdoğan said that some of these obstacles are the broad powers granted to the prosecutor's office, the administration and the Forensic Medicine Institution (ATK). 

 

Stating that it is not possible for a ill prisoner to receive treatment in prison, Erdoğan said, “Our demand from the beginning has been that all ill prisoners be released based on reports from full-fledged state hospitals.” 

 

'LEGAL LEGISLATION MUST BE COMPLETELY CHANGED'

 

Emphasizing that ATK is not independent and impartial, Erdoğan said, “Even if ATK gives the report ‘cannot stay in prison’, some ill prisoners were not released by the prison administration on the grounds that they ‘pose a threat to public safety’ and some of the ill prisoners who were not released died either in prison or after being released in the last stage. Our main demand is first of all to completely change the legal legislation, to remove ATK from being the sole decision-making authority and to release all ill prisoners based on full-fledged hospital reports.” 

 

Stating that the issue of ill prisoners is usually discussed by the state and government officials at the beginning of discussions such as solution, peace or democratization, Erdoğan noted that this issue should be handled independently of the process and negotiations. Stating that if there is to be a peace and solution process, the prisons should be looked at first and foremost, Erdoğan underlined that regulations regarding ill prisoners should be made first and emphasized that this would be an indicator of a transparent and sincere approach to the process. 

 

'INDEPENDENT MECHANISMS SHOULD BE ESTABLISHED'

 

Lawyer Mevlüt Çelik, member of the Prison Commission of the Amed Branch of the Association of Lawyers for Freedom (ÖHD), reminded that Article 2 of the European Convention on Human Rights (ECHR) guarantees the right to life and said that the prerequisite for solving this issue is to act in accordance with international law. Stating that prisons stand out as institutions where most violations of rights take place, Çelik said that the most important of these violations of rights is the problem of ill prisoners. Underlining that the right to life is a precious right and that it should be considered as a right that should be emphasized without any arbitrariness or political concerns, Çelik drew attention to the “Can stay in prison” reports given by the ATK. Stating that these reports are politically motivated, Çelik underlined that independent mechanisms that can issue reports in accordance with the principles of law and health should be created.

 

SOYDAN AKAY IS BEING PUSHED TO DEATH

 

Drawing attention to the situation of Soydan Akay, one of the ill prisoners who came to the agenda with his heart attack last week, Çelik said, "The fact that Soydan Akay's execution has been completed and his execution has been postponed 4 times despite having a very serious and severe illness is the most striking example of the situation of ill prisoners. In this sense, while Soydan Akay should have been released immediately, the fact that his execution was constantly postponed and negative reports from the ATK show us that Soydan Akay, like other ill prisoners who lost their lives, was faced with death and was openly pushed to death."

 

Çelik reminded that 10 prisoners were released on 30 March within the scope of the President's amnesty power due to "continuous illness" and said, "Although this is important regarding the situation of ill prisoners, we think that the president should act in accordance with universal basic human rights law and without any political discrimination while using this amnesty power."

 

'RELEASES WILL BE A SERIOUS STEP FORWARD IN THE PROCESS'

 

Emphasising that the issue of ill prisoners is too serious and important to be considered in connection with any political process, Çelik noted that taking positive steps regarding ill prisoners, ensuring their release and making legislative changes could be a serious step for the sincere progress of the process in this process in which steps are taken to solve the Kurdish problem. Çelik said, "In order to solve the problem of ill prisoners, arbitrary practices should be stopped immediately, legislative changes should be made and prisoners with severe illnesses should be released immediately and urgently without being subjected to any practice."

 

Çelik added that all civil society organisations and people should draw attention to the situation of ill prisoners.

 

MA / Rukiye Payiz Adıgüzel