PUBLIC PERCEPTION STUDY ON
CONDITIONAL RELEASE AND HANDCUFFED MEDICAL EXAMINATION OF
SICK PRISONERS
September, 2022
According to data released by the Directorate General of Prisons and Detention Houses, there are 399 penal institutions in Turkey, with a total capacity of 288,798 as of 1 September 2022.[1] Further, according to the data of the directorate general, the total number of prisoners in penitentiary institutions was 326,243 as of 31 August 2022.[2] Although this number includes prisoners (convicts and detainees) whose enforcement of sentences has been suspended within the scope of COVID-19 measures, it is seen that the capacity has been largely exceeded.
Yet, the directorate general’s data does not provide information on how many of these prisoners were sick or in critical condition. According to the report published by the Human Rights Association (İHD) on 29 April 2022, there were 1,517 sick prisoners, 651 of whom were in critical condition.[3] However, considering that these are the figures collected by the İHD through applications lodged with it and lawyers’ conferences with prisoners, it can be estimated that the number of sick and seriously sick prisoners is much higher.
The press has recently published news reports about the Ministry of Justice’s decision on both sick prisoners and medical examination of sick prisoners in handcuffs.[4] In this context, it is stated that with an amendment to be introduced to Article 50 of Law No. 5275 on the Enforcement of Sentences and Security Measures, conditional release (parole) will not cover prisoners who are convicted of “membership in a terrorist organization” and “showing a tendency towards violence that can harm others” regardless of whether they are sick or in critical condition, and it is also stated that the decision to examine prisoners in handcuffs will not be left to medical doctors, except for those convicted of the above-mentioned offenses.
One can argue that such a practice regarding both conditional release and examination in handcuffs is unlawful. This is because international standards and conventions emphasize that it is an obligation of the state to grant the right to health equally to all prisoners, and in Turkey, Article 6/f the Law No. 5275 on the Enforcement of Sentences and Security Measures, states that “In penitentiary institutions, all measures must be taken to protect convicts’ right to life and their bodily and mental integrity”, thus protecting the rights to life and health of all prisoners.
In addition, one of the main problems that prisoners in Turkey face in accessing the right to health is the imposition of medical examination in handcuffs. Applying different practices among prisoners in this regard constitutes an obstacle to the enjoyment of the right to access health care and violates fundamental principles such as the prohibition of discrimination and the principle of equality. This is also contrary to the United Nations Standard Minimum Rules for the Treatment of Prisoners,[5] known as the Mandela Rules. Imprisonment of a person for any act should never be used as an additional punishment. Therefore, examining a prisoner for medical purposes in handcuffs when they want to exercise their right to health is a second punishment.
“Public Perception Study on Conditional Release and Handcuffed Medical Examination of Prisoners” was conducted within the framework of the above-mentioned issues. The aim of the study was to understand the perceptions of the participants towards conditional release and handcuffed medical examination of sick prisoners and the justice system in Turkey and to explain underlying reasons. The study was conducted between 15 and 30 August 2022 with a questionnaire through face-to-face interviews with a total of 1,000 people. Participation in the study was voluntary.
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[1] According to an official statement released on 2 February 2021, these figures were 369 prisons with a capacity of 244,896 people. Therefore, 30 new penal institutions have been opened in the last year and a half, increasing the capacity by more than 40,000. See: https://ihd.org.tr/en/perception-study-on-prisons-and-prisoners-in-turkey/
[2] https://cte.adalet.gov.tr/Resimler/Dokuman/7092022090042istatistik-1.pdf
[3] https://ihd.org.tr/en/ihd-2021-prisons-report/
[4] See: https://www.cumhuriyet.com.tr/turkiye/adalet-bakanligindan-hasta-olan-tutuklu-ve-hukumluler-icin-sartli-tahliye-duzenlemesi-1961590; https://www.cnnturk.com/turkiye/kelepcesiz-muayene-geliyor; https://www.hurriyet.com.tr/gundem/kelepcesiz-muayene-geliyor-42106434
[5] https://www.unodc.org/documents/justice-and-prison-reform/Nelson_Mandela_Rules-E-ebook.pdf
Click to read the full study in English: EN_IHD Survey on Sick Prisoners