Reports Special Reports

Joint Monitoring Report on Hunger Strikes

Nisan 3, 2024
hra

Hunger Strikes Monitoring Report

 

For a long time in Turkish prisons, rights violations such as isolation or incommunicado detention, torture and ill-treatment, forced transfers, arbitrary disciplinary punishments, failure to solve prisoners’ health problems in a timely and effective manner, holding seriously ill prisoners in cells, preventing the release of prisoners with administrative observation board decisions, arbitrary delays in releases, poor physical structure and material conditions of prisons continue to deteriorate. On 27 November 2023, many prisoners in different prisons across the country announced that they started an alternating hunger strike demanding an end to the ongoing isolation in İmralı F Type High-Security Closed Prison, and a democratic solution to the Kurdish issue.

Upon this development, the Central Coordination for Monitoring Hunger Strikes was established. Immediately after the hunger strikes started, based on the applications lodged before the coordination by the prisoners themselves, their attorneys or their families, prison visits were made by the coordination members in order to monitor the hunger strikes, to learn the demands of the prisoners and to monitor the health conditions of the hunger strikers, conferences were held with the prisoners, and the issues identified as a result of these conferences were reported.

Since the beginning of the hunger strike until today, at least 1,997 prisoners have staged hunger strikes in 91 prisons. Hunger strikes have been carried out for periods of at least 5 and at most 15 days.

 

This report aims to monitor the hunger strikes in prisons in Turkey, to identify violations of fundamental rights and freedoms during the strikes, to ensure that authorities and institutions with authority and responsibility take action to end these violations, to contribute to the effective investigation of violations and to bring them to the attention of the public.

This report incorporates information obtained from telephone interviews with prisoners’ families and letters sent by prisoners to their lawyers, in addition to the conferences held by lawyers in prisons.

List of Prisons:

  1. AFYON/BOLVADİN T TYPE CLOSED PRISON
  2. AHLAT T TYPE CLOSED PRISON
  3. AKHİSAR T TYPE CLOSED PRISON
  4. AKSARAY T CLOSED PRISON
  5. ANTEP H TYPE CLOSED PRISON
  6. ANTEP/ISLAHIYE T TYPE CLOSED PRISON
  7. BAKIRKÖY WOMEN’S CLOSED PRISON
  8. BAYBURT M TYPE CLOSED PRISON
  9. BODRUM S TYPE CLOSED PRISON
  10. BOLU F TYPE CLOSED PRISON
  11. BURHANİYE T TYPE CLOSED PRISON
  12. DENİZLI T CLOSED PRISON
  13. DYARBAKIR HIGH SECURITY CLOSED PRISON NO. 1
  14. DYARBAKIR HIGH SECURITY CLOSED PRISON NO. 2
  15. DYARBAKIR WOMEN’S CLOSED PRISON
  16. EDİRNE F TYPE CLOSED PRISON
  17. ELAZIĞ HIGH SECURITY CLOSED PRISON NO. 1
  18. ELAZIĞ HIGH SECURITY CLOSED PRISON NO. 2
  19. EREĞLİ HIGH SECURITY CLOSED PRISON
  20. ERZINCAN WOMEN CLOSED PRISON
  21. ERZINCAN L TYPE CLOSED PRISON
  22. ERZİNCAN TI CLOSED PENAL INSTITUTION
  23. ERZURUM/DUMLU HIGH SECURITY CLOSED PRISON NO 1
  24. ERZURUM/DUMLU HIGH SECURITY CLOSED PRISON NO. 2
  25. ERZURUM/OLTU T TYPE CLOSED PRISON
  26. ESKESEHIR H TYPE CLOSED PRISON
  27. GEBZE WOMEN’S CLOSED PRISON
  28. GİRESUN/ESPİYE L TYPE CLOSED PRISON
  29. IĞDIR S TYPE CLOSED PRISON
  30. İZMİR/KIRIKLAR F TYPE CLOSED PRISON NO 1
  31. İZMİR/KIRIKLAR F TYPE CLOSED PRISON NO 2
  32. İZMİR/MENEMEN T TYPE CLOSED PRISON
  33. IZMIR/ŞAKRAN T CLOSED PRISON NO 1
  34. IZMIR ŞAKRAN T CLOSED PRISON NO 2
  35. IZMIR/ŞAKRAN T CLOSED PRISON NO 3
  36. IZMIR/ŞAKRAN T CLOSED PRISON NO 4
  37. IZMIR/ŞAKRAN WOMEN’S CLOSED PRISON
  38. KANDIRA F TYPE CLOSED PRISON NO 1
  39. KANDIRA F TYPE CLOSED PRISON NO 2
  40. KAYSERİ/BÜNYAN T TYPE CLOSED PRISON NO 1
  41. KAYSERİ/BÜNYAN T TYPE CLOSED PRISON NO 2
  42. KAYSERİ/BÜNYAN WOMEN’S CLOSED PRISON
  43. KEPSUT L TYPE CLOSED PRISON
  44. KONYA/SEYDİŞEHİR T CLOSED PRISON
  45. MALATYA/AKÇADAĞ T CLOSED PRISON
  46. MALTEPE L TYPE CLOSED PRISON
  47. MANISA T TYPE CLOSED PRISON
  48. MARMARA L TYPE PRISON NO 2
  49. MARMARA L TYPE PRISON NO 3
  50. MARMARA L TYPE PRISON NO 5
  51. MARMARA CLOSED PRISON
  52. OSMANIYE T TYPE CLOSED PRISON NO 2
  53. ÖDEMIS T TYPE CLOSED PRISON
  54. PATNOS L TYPE CLOSED PRISON
  55. RİZE/KALKANDERE L TYPE CLOSED PRISON
  56. SAMSUN/BAFRA T TYPE CLOSED PRISON
  57. SAMSUN/KAVAK S TYPE CLOSED PRISON
  58. SİNCAN HIGH SECURITY PRISON NO. 1
  59. SİNCAN HIGH SECURITY CLOSED PRISON NO. 2
  60. SİNCAN WOMEN’S CLOSED PRISON
  61. TARSUS T TYPE CLOSED PRISON NO 1
  62. TARSUS T TYPE CLOSED PRISON NO 2
  63. TARSUS T PRISON NO 3
  64. TARSUS WOMEN’S CLOSED PRISON
  65. TEKİRDAĞ F TYPE CLOSED PRISON NO 1
  66. TEKİRDAĞ F TYPE CLOSED PRISON NO 2
  67. TEKİRDAĞ T TYPE CLOSED PRISON NO 2
  68. TOKAT T TYPE CLOSED PRISON
  69. TRABZON/BEŞİKDÜZÜ T TYPE CLOSED PRISON
  70. URFA T TYPE CLOSED PRISON NO 1
  71. URFA T TYPE CLOSED PRISON NO 2
  72. UMRANIYE T TYPE CLOSED PRISON
  73. VAN F TYPE CLOSED PRISON
  74. VAN HIGH SECURITY CLOSED PRISON
  75. YOZGAT T TYPE CLOSED PRISON NO 1
  76. YOZGAT T TYPE CLOSED PRISON NO 2

Findings and Observations on Hunger Strikes

  1. Routine health checks are not carried out. In some prisons, daily health checks hunger strikers are not carried out at all, and in prisons where health checks are carried out, they are performed by the infirmary physician, but sometimes by the health officer and sometimes by the wardens on duty.
  2. Hunger strikers are not given rations appropriate to the strike. In some prisons, hunger strikers were not given any rations at all, while in some prisons they were given salt, sugar, and carbonate, but not yogurt, fruit juice, etc.
  3. Vitamin needs are not met. While Vitamin-B1 is vital for prisoners on hunger strike, in some prisons Vitamin-B1 or B12 complex is not provided at all.
  4. Prisoners are subjected to various disciplinary penalties. Disciplinary investigations are initiated due to hunger strikes and prisoners who have been on strike are subjected to disciplinary penalties. Disciplinary penalties were imposed in the form of “preventing them from cultural and sports activities,” and in some prisons “preventing them from using communication and communication tools.”
  5. Hunger strikers are subjected to “isolation” or incommunicado detention, especially in some prisons, hunger strikers are taken away from other prisoners and taken to separate wards (sections).

 

It is understood from the prisoners’ reports that the approach of each prison to prisoners on hunger strike is different, health checks suitable for the strike are not carried out, food suitable for the strike is not provided and prisoners who go on strike are immediately subjected to disciplinary action.

Conclusion and Recommendations

Article 17/3 of the Constitution and Article 3 of the ECHR stipulate that a convict shall not be subjected to inhuman or degrading punishment or treatment, regardless of the reason for such punishment, and Article 5/1-a of the ECHR on the “right to liberty and security of person” sets forth that upon conviction, the convict shall be imprisoned in accordance with the procedure; while Article 2 of the Law No. 5275 on the Enforcement of Sentences and Security Measures stipulates that no cruel, inhuman, degrading or humiliating treatment shall be used in the enforcement of sentences and security measures and no discrimination shall be made on the basis of race, language, religion, sect, nationality, color, sex or social origin, political or other ideas or opinions and other social positions.

The processes of prisoners who went on hunger strike as of 11.11.2023 have been closely monitored and the following conclusions and recommendations have been reached:

  1. A health file should be created by the prison physician for each prisoner on hunger strike, all health data (height, weight, blood pressure, glucose, pulse rate, chronic diseases -if any-, medications used) of the prisoner should be identified and the differences should be noted by daily checks during the strike.
  2. Prisoners on hunger strike should be medically informed about the hunger strike by the prison physician without using coercion and persuasion methods and by respecting patient-physician confidentiality, and the informed consent form should be included in the health file.
  3. In line with the demand of the prisoners on hunger strike, the rations to be consumed during the strike such as “salt, sugar, carbonate, fruit juice, ayran and yogurt etc.” should be provided in sufficient quantities on a daily basis.
  4. Since prisoners on hunger strike are highly likely to develop Wernicke-Korsakoff syndrome in the form of neurological disorders due to prolonged starvation, Vitamin-B1 should definitely be provided (2 tablets of 500 mg vitamin B1 should be taken daily).
  5. In order for the prisoners on hunger strike to have sufficient information about the above-mentioned issues, the information note titled “Issues to be Considered during Hunger Strikes”[1] prepared by the Turkish Medical Association in the context of health rights should not be prevented from reaching the prisoners. Prison administrations should give this information note to every prisoner who requests it.
  6. In order for independent physicians to carry out health checks on prisoners on hunger strike, commissions to be established for this purpose should be allowed to enter prisons.
  7. As stated in the World Medical Association’s Declaration of Malta on Hunger Strikers,[2] “[Hunger strikes] are usually a form of protest by people who lack other ways of making their demands known. In refusing nutrition for a significant period, prisoners and detainees may hope to obtain certain goals by inflicting negative publicity on the authorities.” It can be done individually or in large groups. Therefore, in the context of Article 26 of the Constitution, in order for the intervention in this protected area of the prisoner, which does not harm the functioning of the prison, does not complicate the ongoing prison life, and uses the ability and bodily autonomy to express themselves and the conduct they oppose with silent protest by not eating the food handed to them. For an intervention to be right, it is necessary to clearly demonstrate what the disrupted order is and what clearly shows that the balance has been disrupted on behalf of the public superior to freedom of expression. Otherwise, considering that the action expressed as “going on hunger strike” against a nonviolent and harmless exercise of a right is protected within the context of freedom of thought and expression in Articles 9 and 10 of the European Convention on Human Rights, it is a primary obligation to evaluate it within the scope of Article 25 of the Constitution on freedom of thought and opinion and Article 26 on freedom of expression and dissemination of thought.

 

Therefore, prisoners should not be subjected to disciplinary proceedings for this passive action that does not harm the order and functioning of the prison. Disciplinary investigations should be withdrawn immediately.

 

Association for Civil Society in the Penal Execution System

Association of Contemporary Lawyers

Association of Lawyers for Freedom

Health and Social Workers’ Union

Human Rights Association

Human Rights Foundation of Turkey

Med – Federation of Legal and Solidarity Associations with Prisoners and Convicts’ Families

Turkish Medical Association – Human Rights Section

 

[1] https://www.ttb.org.tr/images/stories/haberler/file/aclik_grevi_sirasinda_dikkat_edilmesi_gerekenler.pdf

[2] https://www.wma.net/policies-post/wma-declaration-of-malta-on-hunger-strikers/ para. 1