Rights organization raises concerns about ‘mouth search’ in prison

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The Human Rights Association (İHD) Adana Branch Prisons Commission has released a report regarding "mouth searches" in the Kürkçüler Type F Closed Prison in Turkey's southern province of Adana.

After lawyers from the association visited the prison and met with nine prisoners, a report has been prepared regarding the "mouth search", a type of body cavity search, based on the statements of the prisoners and the observations of lawyers during their visit.

It was previously reported by bianet that chronically ill prisoner Fatih Özgür Aydın could not access his right to healthcare and treatment as he did not accept the "mouth search" before being referred to the hospital. His mother has filed a criminal complaint about the practice by also citing the COVID-19 pandemic and its risks for chronically ill people.

Meeting with nine prisoners

In its report, the İHD Adana Branch has said that "prisoners held in the Kürkçüler Type F CloseD Prison made several applications to the İHD at different dates, complained that they were forced to undergo 'mouth search' during referrals to the hospital and announced that they did not accept this practice as they found it against human dignity and regulations."

Referring to the prisoners' complaints, the İHD report has noted that "since the prisoners did not accept the practice of 'mouth search', they were not referred to the hospital and that several prisoners did not receive treatment as they could not go to the hospital."

According to the İHD report, the relatives of the prisoners held in the Kürkçüler Type F Closed Prison made applications to the İHD to complain about the same or similar practices. Amid these complaints, the lawyers of the İHD Adana Branch Prisons Commission visited the prison.

The lawyers met nine prisoners there and the İHD report has shared the recounts and complaints of the prisoners with the public.

Based on the findings and observations of the lawyers, the İHD Adana Branch Prisons Commission has shared the following information:

'It is against human dignity'

"According to the applications to our Association and the remarks of the prisoners during the talks, a practice called 'mouth search' has been in place at the Kürkçüler Type F Closed Prison since August 2021.

"The practice of mouth search is carried out by the Gendarmerie personnel on duty at the Kürkçüler Type F Closed Prison.

"The practice of mouth search is attempted to be carried out when the Gendarmerie personnel receive prisoners for referral to hospital.

"After prisoners leave their wards, they are faced with four separate body searches, searches with detectors and X-Ray searches until they are received by the Gendarmerie personnel; however, in spite of this, the Gendarmerie personnel want to search inside prisoners' mouths.

"Prisoners define this practice as arbitrary as it is not done under the supervision of a physician or in line with the regulations and they find it against human dignity as it is done by the Gendarmerie personnel.

"When prisoners demand that this practice be done under the supervision of a doctor and in compliance with the relevant regulations, the Gendarmerie personnel take down minutes, writing that 'the prisoner does not accept the search', and the referral to the hospital is not done."

Requests

Listing its recommendations and requests in the conclusion to its report, the İHD Adana Branch Prisons Commission has called for an end to "the practice of mouth search, which is carried out without respecting human dignity or privacy of the prisoner" and urged the relevant authorities and public institutions to take responsibility about the issue.

The association has also underlined that the prisoners who are not referred to the hospital because they do not accept the "mouth search" must be referred to the hospital as soon as possible.

Noting that the ill prisoners held in the Kürkçüler Type F Closed Prison must be provided with regular treatment in suitable conditions, the İHD has underlined that the ones whose treatment cannot be done in prison conditions should be released from prison.

Referring to the COVID-19 pandemic, the İHD has noted that this systematic practice leads to a "second aggrievement" on the part of prisoners.

The association has recalled that the failure to release ill prisoners leads to the violation of the Article 3 of the European Convention on Human Rights, as it was the case in the Gülay Çetin v. Turkey judgment of the European Court of Human Rights (ECtHR).

Concluding the report, the İHD Adana Branch has announced that the necessary legal assistance will be provided to the prisoners and their families who made an application to the İHD about this process and ask for legal assistance and applications will be made to all authorities about it.

'Mouth search' on Parliamentary agenda

Against this background, Peoples' Democratic Party (HDP) Adana MP Tülay Hatimoğulları-Oruç has also addressed a Parliamentary question to Minister of Justice Bekir Bozdağ and asked about the allegations.

Referring to the İHD data, the MP has underlined that there are 28 ill prisoners held in the Kürkçüler Type F Closed Prison in Adana.

Raising concerns that the "mouth search" poses a serious obstacle to ill prisoners' access to their right to healthcare and treatment, the MP has asked whether any action will be taken to investigate the allegations and whether the Ministry receives similar applications and complaints.

(AÖ/SD)