The situation of ill prisoners getting worse. According to the data of the Ministry of Justice, 709 prisoners died in prisons in 11 months of 2024. The release of ill prisoners is prevented either by the reports of the Forensic Medicine Institution (ATK) or the reports of the Administration and Prison Monitoring Board (İGK), which came into force in 2021. In a statement released in October 2024, the Ministry of Justice stated that the release of 8,521 prisoners was postponed on the grounds that they were "not in good behaviour". 

 

 

Lawyer Tahir Demirci, a member of the Association of Lawyers for Freedom (ÖHD), made evaluations on the situation of ill prisoners. Referring to the current law on ill prisoners, Demirci stated that the execution of ill prisoners can be postponed with ATK reports, but those sentenced to aggravated life imprisonment are subjected to a legal regulation in a way that they cannot benefit from this right in the constitution. 

 

THE RIGHT TO HOPE

 

Reminding that the sentence of aggravated life imprisonment includes the expression "until death", Demirci said, "However, there are violation decisions regarding aggravated life imprisonment. As a result of the application made by Mr Abdullah Öcalan's lawyers, the European Court of Human Rights (ECHR) made a decision on the ‘right to hope’. This judgement states that the execution of a sentence cannot be carried out until the end of life."

  

Demirci noted that there is nothing legal about the practices and stated that there are many ill prisoners in prisons and that the Administrative and Observation Committees (İGK) have a very high influence on this. 

 

"Even though the prisoners' sentences are over, even though the time for conditional release has come, they can continue to keep these prisoners in prison. While the committees themselves are not in accordance with the law, there is no determination of who will take part in the committee and for what reason. There is nothing legal about a technician deciding whether a prisoner should be released or not," he said.  

 

‘STEPS SHOULD BE TAKEN AS SOON AS POSSIBLE’

 

Reminding the Kurdish People's Leader Abdullah Öcalan's "Call for Peace and Democratic Society", Demirci stated that many regulations were said to follow the call. Demirci emphasised that the situation of ill prisoners should be dealt with independently of these regulations and reminded the recent case of Abdulkadir Kuday in Metris R-Type Prison. Demirci stressed: "There are many ill prisoners in similar situations. For some of them, there is a situation where they can spend the last days of their lives with their families. Despite this, no arrangements are made and applications remain inconclusive. In fact, there is an inhumane situation. Regardless of the process and politics, the law should be amended as soon as possible."

 

Stating that the article in the Constitution stating that "will remain in prison until death" should be abolished, Demirci added: "This article is a regulation that violates the principle of equality and violates the right to life. This mistake must be reversed as soon as possible. In addition, ‘public security’ is cited as a justification for not releasing these prisoners. For example, Abdülkadir Kuday was a seriously ill prisoner and was bedridden. He could even breathe through a device. In other words, ‘community security’ and so on are completely unrealistic determinations. Because many ill prisoners have chronic diseases. They have difficulty walking and moving. There are even decisions of the ATK stating that ‘they cannot sustain their lives on their own’."

 

‘THE WAY FOR RELEASES MUST BE PAVED’

 

Noting that the way for their release should be paved, Demirci continued: "A regulation on ill prisoners or changes in existing regulations should be made. Their release must be ensured as soon as possible. Everyone should address this issue first. In this sense, applications should be made immediately and the way for their release should be paved."

 

MA / Ömer İbrahimoğlu