Within the framework of the Peace and Democratic Society Process, legal and constitutional steps toward resolving the Kurdish issue continue to be discussed. However, violations taking place in prisons have led to criticism that a policy opposing the process is being implemented.

 

In order to monitor prison conditions, the Lawyers for Freedom Association (OHD) and the Solidarity with the Families of Prisoners and Convicts Association (TUHAY-DER) prepare reports every six months. Stating that the reports they receive do not contain clear data on ill prisoners, Kaya said this is due to the Ministry of Justice’s failure to share information on ill prisoners with the public. He added that petitions submitted regarding ill prisoners remain unanswered, citing the cases of Hamdi Çiçek and Şehmus Koç at Giresun Espiye Prison. Kaya noted that despite medical reports stating that the two seriously ill prisoners cannot remain in prison, the Council of Forensic Medicine (ATK) issued reports declaring that they are fit to stay incarcerated.

 

“This constitutes a serious rights violation. Hamdi Çiçek suffers from heart disease, diabetes, hypertension and severe chronic illnesses. He is over the age of 65 and absolutely cannot remain in prison. Likewise, Şehmus Koç is also in no condition to stay in prison,” Kaya said.

 

ACCESS TO HEALTH CARE DENIED 

 

Pointing out that prison conditions themselves can cause serious illness, Kaya said that such conditions further aggravate the health of ill prisoners. He stated that prisoners face difficulties accessing prison infirmaries and that even when they do, they encounter obstacles in being referred to hospitals. Kaya noted that ill prisoners are subjected to strip-search practices during hospital transfers, adding: “Especially political prisoners refuse such practices, and therefore forgo treatment. According to the data we have received, there are sick prisoners who have been unable to access healthcare for two years solely due to these practices.”

 

Kaya further stated that prisoners suffering from illnesses such as COPD, asthma and heart failure, who may deteriorate suddenly, are transferred to hospitals in cramped, airless prison transport vehicles. He also emphasized that prison guards attempt to be present during medical examinations and that medications are either not provided or are given very late. Kaya added that prisoners are also subjected to the imposition of being examined while handcuffed.

 

Stressing that the physical freedom of prisoners specially Kurdish People’s Leader Abdullah Öcalan, who initiated the Peace and Democratic Society Process must be ensured, Kaya stressed: “In line with both the international conventions to which Turkey is a party and its own domestic legislation, sick prisoners must be released. Although we are aware that these constitute serious rights violations, we had expected steps to be taken alongside the process. However, there are prisons and prison administrations that seek to sabotage the process.”

 

'THE STATE MUST ALSO TAKE A STEP'

 

Emphasizing that such practices should not occur during the process, Kaya stated that alongside all concrete steps taken, the state must also demonstrate its commitment. He continued: “The release of ill prisoners is not dependent on any process. There is no need for new legislation or legal amendments. If existing laws were implemented, most ill prisoners, those unable to care for themselves or in need of constant assistance, would already be released. Subsequently, legal regulations should be enacted to ensure the release of the remaining prisoners. In the letter sent by Mr. Öcalan to the Istanbul Conference, there was a call for laws on free citizenship, peace and democratic society, and freedoms. These laws must be enacted as soon as possible, and the state must show, before the public, political prisoners and Mr. Öcalan, that it is also taking a step in this process.”

 

MA / Ozlem Yacan