There are over 30 ill prisoners, 8 of whom are seriously ill, in Adana Kürkçüler No. 1 Type T Closed Prison and Kürkçüler Type F Closed Prison. Ill prisoners cannot access their health rights because they oppose the "intraoral search" imposition that has been going on for 3 years. Applications made against the situation in violation of international conventions do not yield results.

 

Kemal Özelmalı and Mazhar Güler, two of the prisoners, filed a criminal complaint against the imposition of "mouth search" to the Adana Chief Public Prosecutor's Office on August 8, 2022. Güler stated that he had Hepatitis B disease, that he had cysts in his kidneys, so he had to undergo regular health checks at 3-6 month intervals, that he was subjected to an "intraoral search" during the transfer to the hospital, and that he could not go to the hospital for more than a year because he did not accept the imposition.

 

Adana Provincial Gendarmerie Command, in its opinion to the prosecutor's office regarding the imposition of "intraoral search", defended the practice on the grounds of "security". The prosecutor decided "there is no room for prosecution" regarding the application.

 

HİLAL: HANDCUFFED EXAMINATION IS A VIOLATION

 

Professor Doctor Ahmet Hilal, President of the Association of Forensic Medicine Specialists (ATUD), spoke about the violated health rights of prisoners. Hilal said that the lack of treatment of prisoners due to the imposition of "intraoral search" is a violation of the right to life.

 

"When examining their patients, physicians are careful to establish an equal relationship with their patients and not to engage in any discriminatory behavior against them. We argue that in order to prevent physicians from losing their impartiality, the crime that prisoners are accused of should not be stated in their referral documents. Patients must not be blindfolded, handcuffed, or leg-chained. Physicians examining their patients in handcuffs is a violation of ethics and may result in penalties ranging from 'temporary dismissal'. One of the most basic rules in the patient-physician relationship is patient confidentiality. The patient being restricted or having a security guard inside will prevent the patient from expressing his/her complaints to the physician. They will not be able to express their complaints because they will be heard by others. This situation will hinder the patient's right to access treatment and his right to life." Hilal said.

 

Hilal continued as follows: "Prison administrations must take measures to facilitate prisoners' enjoyment of their right to health. Access to the right to health must not be used as a separate punishment. It is the duty of the administration to ensure that physicians working in prisons practice their profession independently and to prevent them from being under pressure. Physicians should also provide health care services to all free citizens. They must apply their standards to prisoners as well." 

 

MA / Hamdullah Yağız Kesen