Ruling of release for ill prisoner Makbule Özbek

* Photo: Mezopotamya Agency (MA)

Click to read the article in Turkish / Kurdish

Arrested as part of an investigation against the Democratic Society Congress (DTK), Peace Mother Makbule Özbek (72) had a heart attack yesterday (September 4). Examining the medical reports and request of her attorneys for her release, the court has ruled that Özbek shall be released.

Charged with "membership of the organization" as part of the investigation conducted by the Diyarbakır Chief Public Prosecutor's Office, Özbek had been behind bars since June 29. The objection against her imprisonment was rejected on July 8 on the grounds that "she had flight risk."

Her treatment will continue

After having a heart attack in Diyarbakır Women's Closed Prison yesterday, Özbek has been taken to intensive care at Gazi Yaşargil Training Hospital. Her attorneys presented the related medical reports to the court and requested her release. The court has accepted the attorneys' request.

Her son: She could not go to hospital due to pandemic

Speaking to the Mezopotamya Agency (MA) at hospital, her son Özgür Özbek briefly said the following about her condition:

"My mother needs to be released immediately. She is not in a medical state to stay in prison. Her blood pressure went up around a week ago. The doctor of the prison says that she needs to be treated at a full-fledged hospital. However, she could not go to hospital due to the pandemic."

İHD: 1,546 ill prisoners, 591 seriously

According to the April 2020 report of the Human Rights Association (İHD) Central Prisons Commission, there are 1,546 ill prisoners in Turkey and 591 of these prisoners are seriously ill.

The İHD lists the necessary measures as follows:

* All seriously ill prisoners must be immediately released based on a report issued by any well-equipped hospital, their treatment must be accompanied by their families and their health insurance must be met by the state;

* The Forensic Medical Institution must no longer be the sole and final authority to issue reports for deferment of execution due to health;

* The discretionary power of public prosecutors in ruling for the deferment of execution must be abolished and the execution of sentences must be deferred based on the medical reports issued by hospitals;

* The criteria of 'posing threat to social security' standing in the way of ill prisoners' release must be removed from the law;

* Hindering the release of ill prisoners, the clause stipulating that 'execution shall not be suspended' in the Article 25 of the law on criminal execution and the clause no. 16 of the Article 107 must be abolished;

* In accordance with the European Court of Human Rights (ECtHR) verdict of Kaytan vs. Turkey, a suitable date for release must be set in the legal status summaries of prisoners by considering their age and health conditions;

* The aspects indicated by the ECtHR in Gülay Çetin vs. Turkey verdict must be abided by and it must be remembered that any failure to release ill prisoners violates the Article 3 of the ECHR;

* The circular governing the President's authority to release prisoners for reasons of health must be amended, the Forensic Medical Institution must no longer be the sole determinant authority and the President must use his authority for seriously ill prisoners without making any exceptions.

CLICK - Human Rights Association: 1,564 Ill Prisoners in Turkey, 591 in Serious Condition

What happened?

23 people were arrested as part of the investigation launched by the Diyarbakır Chief Public Prosecutor's Office against the Democratic Society Congress (DTK) in June 2020. Among these people was also 72-year-old Peace Mother Makbule Özbek.

Charged with "membership of a terrorist organization" due to her attendance in statements, organizations, condolences and similar events as a member of the DTK, Özbek was held in a quarantine cell in prison.

Suffering from several diseases, Peace Mother Özbek's attorneys appealed to the Diyarbakır Penal Judgeship of Peace on July 8 and objected to her arrest. However, the judgeship rejected this request due to the current state of evidence, strong criminal suspicion and possible spoliation of evidence and flight risk. (EMK/SD)