The situation of sick prisoners in Turkey has long been a critical issue on the agenda of human rights organizations, legal professionals, and opposition circles. It is evident that there is a systematic policy targeting members of the Gülen Movement, Kurdish politicians, and other political dissidents, with their right to healthcare being violated and their conditions worsening over time.
With the increasing politicization of the judiciary, requests for the release of sick prisoners are persistently denied on political grounds. Although Turkish legal regulations, such as the Turkish Penal Code and the Law on Execution of Sentences and Security Measures, aim to guarantee the right to humane living conditions, current practices demonstrate that these regulations are not effectively implemented.
Legal Framework and Violations
Under Turkish law, the primary legal framework governing the incarceration of sick prisoners is the Law No. 5275 on the Execution of Sentences and Security Measures. Article 16 of this law stipulates that the execution of sentences may be postponed in cases of severe illness or disability. However, the enforcement of release decisions is contingent upon reports issued by the Forensic Medicine Institute (ATK), which is widely criticized for lacking independence and impartiality.
There is mounting evidence that the Forensic Medicine Institute, under political influence, has issued reports asserting that sick prisoners, particularly members of the Gülen Movement and Kurdish political prisoners, are “fit to remain in prison.” Human rights organizations argue that the ATK operates under the influence of the ruling government and systematically denies medical releases for political reasons.
International Law and Turkey’s Obligations
As a signatory to various international treaties, Turkey is obligated to protect the right to humane treatment for sick prisoners. Article 3 of the European Convention on Human Rights (ECHR) explicitly states that no one shall be subjected to inhumane or degrading treatment. The European Court of Human Rights (ECHR) has, in several cases against Turkey, ruled that the continued detention of sick prisoners amounts to “inhuman treatment.”
Moreover, the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules) emphasize the special needs of sick prisoners and hold states accountable for providing adequate healthcare. Despite these international obligations, Turkey’s continued imprisonment of sick individuals constitutes a clear violation of human rights law.
Arbitrary Practices Against Political Opponents
The situation of sick prisoners in Turkey has become even more dire for those detained on political grounds. Following the state of emergency declared after the 2016 coup attempt, members of the Gülen Movement, Kurdish politicians, and other opposition figures have been targeted and subjected to long periods of imprisonment without proper medical care.
One of the most striking examples is the case of former HDP Co-Chair Selahattin Demirtaş and former MP Aysel Tuğluk. Despite suffering from severe health conditions, these individuals were denied release until their conditions became critical. Aysel Tuğluk, who was diagnosed with dementia, was only released when her condition became irreversible, highlighting the regime’s punitive approach towards political prisoners.
Similarly, in the cases of Gülen Movement detainees, many elderly and seriously ill prisoners, including cancer and heart disease patients, remain behind bars, exposing the extent of injustice within the system.
Findings from Human Rights Organizations
Reports from Amnesty International, Human Rights Watch (HRW), and the Human Rights Foundation of Turkey (TİHV) reveal that access to healthcare in Turkish prisons is systematically obstructed. The key findings of these reports include:
- Delayed and inadequate medical interventions
- The practice of handcuffing prisoners during medical examinations
- Deteriorating hygiene conditions in prisons
- Disregard for independent medical reports
These findings indicate that Turkish prisons have effectively turned into centers of torture for sick prisoners.
What Needs to Be Done? Recommendations for Solutions
- Ensuring the independence of the Forensic Medicine Institute: Medical reports should be prepared free from political influence, ensuring impartiality.
- Immediate release of sick prisoners: Compliance with international legal standards should be ensured, and severely ill prisoners must be released without delay.
- Expanding the monitoring authority of civil society organizations: Independent human rights organizations should be granted broader access to prisons to oversee the conditions.
- Increasing pressure from international bodies such as the European Council and the UN: Diplomatic pressure should be intensified to hold Turkey accountable for its obligations.
Conclusion
The condition of sick prisoners in Turkey is a stark illustration of the extent to which the justice system has been politicized and human rights have been systematically violated. The Erdoğan regime continues to use prisons as a tool to silence political opponents, considering the release of sick prisoners as a “political threat.” However, this approach constitutes a major embarrassment from the perspective of international law and human rights standards.
While opposition voices and human rights defenders continue their struggle, international support remains crucial. If Turkey fails to address the situation of sick prisoners, it could face more severe legal and political consequences on the global stage. January 23, 2025
