The Human Rights and Equality Institution (TİHEK) has concluded that the refusal of a prison to accommodate an inmate's request for a non-smoking cell violated the prohibition against ill-treatment.
The case involved M.T., an inmate at Patnos Type-L Closed Prison in Erzurum, who was initially moved to a non-smoking ward in 2019. However, by 2023, the ward was shared with inmates who smoked, leading M.T. to file a petition. When the prison administration did not respond to his formal petition, M.T. brought the issue to TİHEK.
The agency launched an investigation, requesting a written response from the prison authorities. The prison management explained that the facility was constructed with a two-story room system and that the number of inmates had increased significantly in the past three months.
The administration noted that two non-smoking wards were allocated for inmates but added that due to the facility's type and capacity, it was not possible to open additional non-smoking wards at that time.
During the investigation, TİHEK also contacted M.T. to verify his current conditions. M.T. reported that out of the 25 inmates in his ward, 13 smoked, and although his immediate roommates did not smoke, the smoke from others in the ward was bothersome, especially given that the ventilation doors were only open from 6 am to 6 pm.
TİHEK's decision emphasized the state's constitutional obligation to protect individuals from all forms of harm, including threats to their physical and mental well-being. The institution referenced a previous ruling by the Constitutional Court, which found in a similar case that the denial of a non-smoking ward could be considered a violation of human rights. (VK)
