Proposal by CHP: Release Ill Inmates Without Forensic Medical Report

CHP MP Aydogan has proposed that a Parliamentary Investigation Commission should be established to investigate the violations of rights in prisons.

Republican People's Party (CHP) Istanbul MP Turan Aydogan has proposed that the Law on Execution of Penalties and Security Measures should be amended so that the prison sentences of ill and seriously ill inmates can be deferred without a Forensic Medicine Institute report.

In his proposal to the Speaker's Office, Aydogan has requested that the following sentence be removed from the Article 16/3 of the law:

"The decision of postponement as provided for in the paragraphs above shall be made by the Office of Chief Public Prosecutor in the place of execution, upon a report issued by the Forensic Medicine Institution or issued by the health committee of a fully equipped hospital designated by the Ministry of Justice and approved by the Forensic Medicine Institution."

Accordingly, CHP MP Aydogan has further proposed that the law should be amended in such a way to ensure that "the prison sentences of ill inmates and convicts are suspended with a report issued by the hospital, without the necessity for a forensic medical report."

'There are 1,333 ill inmates, 457 of whom in serious condition'

Raising concerns over the number of ill and seriously ill prisoners currently behind bars, Aydogan has said,

"According to the latest data shared by the Human Rights Association (IHD), there are 1,333 ill prisoners/convicts behind bars, 457 of whom in serious condition. The association officials have been indicating that though the State of Emergency was ended, its practices have become permanent in prisons. Countless news are being shared with the public, we are also informed about some of them by the relatives of arrestees/convicts."

'Handcuffing ill people is degrading'

Aydogan has also talked about the practice of handcuffing ill inmates:

"With the Article 3 of the European Convention on Human Rights, which stipulates that 'no one shall be subjected to torture or to inhuman or degrading treatment or punishment', handcuffing ill people has been defined as an inhuman or degrading treatment.

"Similarly, as per the Article 93 of the Turkish Penal Code (TCK), except for obligatory cases, it is not a coercive measure to handcuff the caught or arrested people during their transfer.

"The right to life and health, which are fundamental rights, are guaranteed by the international conventions on human rights, to which Turkey is a party, as well as European Convention on Human Rights and the Constitution.

'Violations committed despite the CPT and ECtHR rulings'

"The European Court of Human Rights (ECtHR) has indicated that 'states are obligated to ensure that arrestees and convicts are not subjected to hardships and difficulties in terms of right to health beyond the level required by their prison conditions and to protect their states of health and well-being by providing the necessary medical support.'

"The Committee for the Prevention of Torture (CPT) has also underlined, 'While in custody, prisoners should be able to have access to a doctor at any time, irrespective of their detention regime. The health care service should be so organized as to enable requests to consult a doctor to be met without undue delay.' In spite of this article, allegations of rights violations in prisons are being shared with the public."

'Establish a Parliamentary commission to investigate violations'

Aydogan has also proposed that a Parliamentary Investigation Commission should be established to investigate the violations of rights in prisons:

"With the aim of investigating the conditions of arrestees and convicts, whose health and life safety are under the guarantee of the state, and determining the solutions of the problem, we propose that a Parliamentary Investigation Commission be established in cooperation with all parties and relevant experts as per the Article 98 of the Constitution and the Articles 104 and 105 of the Grand National Assembly of Turkey (TBMM) Bylaw.

Source: English Bianet