Constitutional Court: Not Sending Battered Inmate to Doctor a Violation

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The Constitutional Court has concluded the application by Turan Günana, a convict at the No. 2 Type-F Prison in the western province of Kocaeli.

The court concluded that the incident of Günana's beating by the guardians in prison, which he filed a complaint for, was not investigated effectively as the convict was not given a medical report after the incident. It also stated that it was not able to reach camera recordings and camera minutes.

The top court ruled that the obligation to conduct an effective investigation within the scope of the prohibition of mistreatment upon Article 17 of the Constitution was violated and that the complainant shall be paid compensation for non-pecuniary damages.

"You will get what you deserve!"

The incident happened on July 8, 2014, at the Kocaeli No. 2 Type-F Prison. Günana submitted a petition of complaint to the prosecutor's office the next day.

Kandıra Chief Public Prosecutor's Office opened an investigation into the incident.

Günana said in his statement to the prosecutor's office that the quarrel that began with the guardians turned into physical attack "when there is no reason for it."

The guardians also threatened him, saying, "It seems you are comfortable here, we know how to turn here to hell. You will get what you deserve," Günana said in his statement.

Convicts were brought to cells rather than the hospital

Convict S. who was with Günana at the time of the incident told the prosecutor, "A staff member whom I don't know come at us while saying, 'We are the officers of the Republic of Turkey, you will do whatever we say.' They strangled Günana. They didn't bring him to the hospital."

The guardians said in their statements that they intervened physically after the convicts did not do what they asked them to do.

The convicts were given cell confinement for one week. They were not brought to the hospital although they filed a complaint.

The reason was the "camera recordings" that does not exist

The prosecutor's office ruled on March 20, 2015, for non-prosecution. The justification of the verdict said, "as understood from the camera recordings and the content of the witness statements, the defendants used the authority of using force within the frame of the relevant regulations."

Yet the the top court said in its justification that it does not have camera footage that shows the incident.

After the Kocaeli 1st Penal Court of Peace rejected Günana's appeal against the non-prosecution verdict, he made an individual application to the Constitutional Court.

Compensation for non-pecuniary damages

The top court completed its reasoned decision on April 4.

The justification said, "Whether Günana was injured in the incident or not and the properties of the injury if he was injured could not be determined because both the penal execution institution and the investigating authorities did not make the complainant receive a judicial medical report."

The court ruled that Günana not being able to receive a medical report is on its own a violation the "obligation to conduct an effective investigation within the scope of the prohibition of mistreatment."

The Constitutional Court ruled for a compensation of 3,500 Turkish liras (~570 US dollars) for non-pecuniary damages shall be paid to Günana. (AS/VK)