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* Photo: Mesut Davarcı - Kayseri / AA
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The Human Rights Association (İHD) has announced that as far as they can document, there are 1,564 ill prisoners in Turkey, 591 in serious condition. The actual number is much higher, the association has noted.
Making a statement on the draft law on criminal enforcement submitted to the Parliament yesterday (March 31), ruling Justice and Development Party (AKP) Group Deputy Chair Cahit Özkan said, "We foresee arrangements for women, children and the sick. We ensure that the ones who have turned 65, women with children in 0-6 age group and the sick who cannot care for themselves will serve their prison terms at home."
The Article 15 of the draft law foresees that not only convicts, but also the ones who have a medical report that documents that "they cannot stay in prison" will be released. However, it is not yet known how it will function in practice. It has been announced that the draft law will be sent to the General Assembly of the Parliament next week.
1,564 ill prisoners in total, 591 in serious condition
Reminding that they shared the necessary precautions to be taken in prisons before, the İHD has noted that these urgent measures have not been taken and the situation is becoming more and more grave.
According to the updated version of the "Seriously Ill and Ill Prisoner List" kept by the İHD Central Prison Committee, there are 1,564 ill prisoners in total behind bars in Turkey and 591 of them are in serious condition.
Emphasizing that the actual number is much higher that this, the İHD has briefly stated the following:
"As seriously ill prisoners are at much more serious risk in case of an epidemic disease, we request their release by deferring the execution of their prison sentences and the release of the arrested immediately.
"The problems in the system of execution as well as the fact that the 'Law no. 5275 on the Execution of Sentences and Security Measures' is based on an inhuman approach, it was prepared based on an understanding that dictates authority and rules and features security rather than right to life and freedoms and the problems in its execution are aggravating the problems.
"The amendment to the law on criminal execution which was long on the agenda of the government must be introduced in accordance with the principle of equality in conditional release periods in execution. It must include regulations that will ensure the release of all disadvantaged groups, especially ill prisoners, as soon as possible."
What should be done?
The İHD has listed the necessary precautions 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. (AS/SD)
