ISTANBUL – Pointing out that there has been no change in the treatment of ill prisoners despite on-going advocacy, the Lawyers for Freedom Association (ÖHD) member Beritan Kalbişen said: “If we want to establish a lasting and meaningful peace, the path inevitably passes through the prisons.”

 

According to the Human Rights Association’s (İHD) April 28 report, there are at least 1,412 ill prisoners in prisons — 161 women and 1,251 men. Among them, 230 cannot survive without assistance, 105 require constant support, and 188 must remain under continuous medical supervision. The report also noted that the conditions of 517 other prisoners claiming to be ill could not be evaluated due to insufficient information.

 

Despite on-going discussions about releasing ill prisoners, their freedom has become almost impossible due to mandatory Forensic Medicine Institute (ATK) reports and broad discretionary powers granted to prosecutors.

 

The release of ill prisoners had been expected as a goodwill gesture within the Peace and Democratic Society Process initiated by Abdullah Öcalan’s Call for Peace and Democratic Society, but this expectation has yet to be met.

 

‘TWO SEPARATE LEGAL SYSTEMS’

 

ÖHD lawyer Beritan Kalbişen said that the Penal Code and Execution Law are applied in a dual and unequal manner: “For detainees awaiting trial, sentence postponement can be applied more flexibly through prosecutors, judges, and supporting medical reports. But for convicts — those with finalized sentences — special legal restrictions apply.”

 

Kalbişen explained that prisoners convicted of so-called “terror crimes” or serving aggravated life sentences face even stricter provisions, which make sentence deferrals nearly impossible.

 

‘LEFT TO POLICE DISCRETION’

 

She described how the process unfolds: prisoners apply for release on medical grounds, a fully equipped state hospital or training and research hospital evaluates their condition, and the report is sent to the ATK. After the ATK determines whether the person can remain in prison, the prosecutor decides if the individual poses a “threat to public safety.”

 

Kalbişen said: “The phrase ‘threat to public safety’ is an ambiguous concept left to the discretion of prosecutors and law enforcement. When we look at the intention behind this law, it becomes clear that it’s not sufficient or fair.”

 

‘THE ATK IS NOT INDEPENDENT’

 

Emphasizing that the Forensic Medicine Institute (ATK) is not impartial, Kalbişen said: “We know that ATK’s decisions are neither independent nor scientific. It is under the authority of the Ministry of Justice, which means political influence inevitably shapes its rulings.”

 

She cited the case of Kurdish politician Aysel Tuğluk as an example: “Even after the European Court of Human Rights (ECHR) found a violation in Tuğluk’s case, the ATK repeatedly declared that she could ‘remain in prison.’ It was only after intense public and political pressure that their stance changed — showing how political influence affects their conclusions.”

 

‘OBSTACLE TO DEMOCRATIZATION’

 

Referring to the ECHR’s ruling in the case of Gülay Çetin, another ill prisoner, Kalbişen reminded Turkey of its obligation to comply with international human rights agreements: “There are hundreds of prisoners in chronic condition who should be released immediately.”

 

Kalbişen stated that the issue of ill prisoners reflects a systemic problem, and added: “If the state wants to build trust within the Peace and Democratic Society Process, prisons are the place to start. Nearly every Kurdish family has a relative who has been imprisoned. The prison system itself can make even a healthy person ill.”

 

She also criticized the treatment of prisoners during hospital transfers: “Even prisoners with minor illnesses are taken to hospitals in ring vehicles with their hands cuffed behind their backs — a clear violation of the Istanbul Protocol. Many give up seeking medical care because of this humiliating treatment.”

 

“The prison system has become a major obstacle to Turkey’s democratization. If we truly want meaningful and lasting peace, that path begins in the prisons,” she said.

 

‘RELEASE IS A RIGHT, NOT A FAVOR’

 

Kalbişen concluded by emphasizing that the release of ill prisoners is a right, not an act of charity: “The phrase ‘threat to public safety’ should be removed from the law. It allows unequal treatment, especially against those serving aggravated life sentences. There is no equality in the current Execution Law — that’s why we call for equality in sentencing.”

 

She also reminded that the President of Turkey holds the authority to issue pardons: “It’s not just about postponing a sentence; full pardon is legally possible. But how often does the president use this power? That remains a big question. The release of ill prisoners is not a mercy — it’s a right. And we will continue to fight for that right.”

 

MA / Omer Ibrahimoglu