Prisoner with amputated leg forced to stand up during headcount
Two MPs from the People's Equality ad Democracy Party (HEDEP) have submitted a petition to the Chair of the Parliamentary Human Rights Investigation Commission regarding the dire situation of disabled inmate Şaban Kaygusuz, who lacks one hand and one leg.
In their appeal to the commission, Dilan Kunt-Ayan and Nevroz Uysal Aslan highlighted the presence of hundreds of inmates recognized as disabled according to the criteria of the Ministry of Justice in prisons. One such individual is Şaban Kaygusuz, a 90% disabled inmate held at Kayseri Bünyan 2 No. T Type Closed Prison. The MPs outlined his journey since being wounded in a conflict in 2018, his transfer between different prisons, and the circumstances leading to his current incarceration.
Violations
The appeal detailed various human rights violations experienced by Şaban Kaygusuz during his time at Kayseri Bünyan Prison, including incidents such as:
- A humiliating full-body search at the entrance of the prison despite being a 90% disabled individual with no right hand and right leg.
- Forced participation in standing counts despite the absence of one leg.
- Solitary confinement for days, despite his inability to dress independently or fulfill many basic needs, rendering him incapable of living alone in a cell.
- Physical assault in response to his refusal to comply with the forced expression of "Ne mutlu Türk'üm diyene" ("How happy is the one who says I am a Turk") by prison guards in January 2022.
- Lack of provision of a wheelchair during hospital visits on March 2 and 9, 2023, and the failure to address his specific medical needs.
The appeal also addressed broader issues within the prison system, emphasizing the injustice, lack of legal safeguards, discriminatory practices, and the absence of physical accessibility for disabled individuals, resulting in numerous human rights violations.
Obstacles to family visits
Furthermore, the document underscored the difficulty faced by Şaban Kaygusuz's family in visiting him due to his involuntary transfer under the guise of transfer, making it challenging for them to exercise their right to familial contact.
In a report from Gazi Yaşargil Education and Research Hospital dated September 3, 2019, it was noted that Şaban Kaygusuz's continued stay in prison conditions posed risks to his well-being. Despite inquiries from Siirt 2 Heavy Penal Court to the Ministry of Justice Forensic Medicine Institute, which indicated that Kaygusuz could not sustain life independently in prison conditions, he was not released.
This urgent appeal brings attention to the urgent need for a comprehensive review of Şaban Kaygusuz's case and addresses the wider systemic issues within the prison system, ensuring the protection of human rights and dignity for all inmates, particularly those with disabilities. (AS/VK)