Metodologías tradicionales y ágiles

In 2002 a large number of cases was reported from the prison alleging that prisoners were either not treated at all or the treatment was delayed. In almost all cases the prison administration was accused of negligence.

The political prisoner Hüseyin Yıldırım was arrested in July 2001, despite the fact that he is paralyzed from his waist downward due to a traffic accident. Oral Çalışlar reported in his column “Point Zero” in the daily “Cumhuriyet” of 16 February that Hüseyin Yıldırım had been interrogated and later had to be taken to a bed. He had been arrested and taken to Tekirdağ F-type Prison. He had been taken to the sickroom and later into a cell for 3 persons, because he was not able to relieve himself on his own. Later Tekirdağ State Hospital had issued a report stating that the prisoner needed special care. A similar report had been issued by the 3rd Expertise Council of the Forensic Institute on 14 January certifying that the person was not able to lead a life under prison conditions and should be released for one year according to Article 399 of the Criminal Procedure Code (TCPC). However, İstanbul SSC had rejected the demand of release.

The prison commission of the HRA İstanbul branch demanded the release of Hüseyin Yıldırım on 23 September. His wife Nedime Yıldırım stated that her husband was paralyzed after a traffic accident on 26 May 2001. Nevertheless, he had been detained on 5 July 2001. First he had been taken to the hospital in Sağmalcılar Prison and later to Tekirdağ State Hospital.

After the hearing of 26 September İstanbul SSC ordered the transfer of Hüseyin Yıldırım to Tekirdağ State Hospital for treatment. On 27 November İstanbul SSC continued to hear the case. Like before the defendant had to come in a wheelchair. The prosecutor demanded a conviction as leading member of TIKKO. He added that Yıldırım was also responsible for an attack on a vehicle of the secret service MIT, during which the soldiers Günay Öztürk and Uğur Borazan died in Adana on 15 May 1992. Defense lawyer Mihriban Kırdök alleged that the conditions in Tekirdağ State Hospital, to where her client had been taken on demand of the European Court of Human Rights were worse than in prison.

On 11 December İstanbul SSC No. 6 convicted Hüseyin Yıldırım of leading membership of TİKKO and sentenced him to life imprisonment. The defendant stated that he shall ask the State President for a pardon on reason of bad health.

Cuma Orhan (52), imprisoned in Ceyhan (Mersin) was not released for a treatment of skin cancer. His wife Şerife

Orhan said in January that she had appealed to the State President and was told to approach the local prosecutor. Following her application to the prosecutor Cuma Orhan was taken to Adana Numune Hospital and examined. On the presumption that his illness is not “on the verge of death” he was taken back to prison.

Reportedly Mehmet Kaya, imprisoned in Antep Special Type Prison, was not treated on inguinal hernia. His daughter Leyla Kaya appealed to the Justice Minister, the Health Minister and Diyarbakır HRA in May, asking for a treatment of the disease as a result of torture.

Fatma Yılmaz, mother of Abdullah Yılmaz, imprisoned in Batman E-type Prison, alleged in May that her son was not getting treatment for the last five months. He had been taken to Batman State Hospital in January. The doctors had discovered that his kidneys were no functioning and he was in urgent need of treatment. She feared that her son

might die, if he was not treated.

Haydar Ceylan, father of a son with the same name, alleged that his son did not receive the necessary medical

treatment. His son had been certified to be suffering from hepatitis B and his treatment was not possible under prison conditions. Haydar Ceylan had appealed to the public prosecutor in Kocaeli in July and all that had been done, was a transfer from Kandıra F-type to Bayrampaşa Prison.

Lawyer Zeynel Polat stated that Haydar Ceylan was subjected to torture on his way to and from court. He had asked the court to send his client to the forensic institute, but his demand had been rejected.

Prisoners stated that Zeki Şahin was not treated, despite an ulcer in his brain, inguinal hernia and epilepsy. His mother Güzel Şahin stated in July that he was examined at the Medical Faculty of Cerrahpaşa, but not treated and the prison administration refused to prepare the diet necessary for treating the ulcer.

Reports from Erzurum Special-type Prison stated that the prisoner Bekir Yulu was not treated. In July some prisoners had been poisoned by food and were given injections. Because of the injection his left leg was disabled. Lawyer Gülizar Tuncer stated that the family of Ahmet Uğur, a prisoner whose mental health deteriorated after the prison operations of 19 December was asked for money for their son to be transferred to Antakya Closed Prison due to his poor health. Tuncer stated that the Ministry of Justice had asked for the money as the total transfer cost of Uğur, but that this was unlawful as the Ministry had to pay the cost of transfer when it is made for the reasons of health.

After the prison operations of 19 December, Ahmet Uğur was transferred to Kandıra F-type Prison and he was reportedly kept there in isolation for some time. Lawyer Tuncer asserted that a medical report was given to Ahmet Uğur by the Psychiatry Department of Kocaeli State Prison proving that he was suffering from “Psychosocial Personality Disorder”. Lawyer Tuncer reported that the family had to pay TL 600 million (app. 385$) for the transfer and stated that they had filed an official complaint against the Ministry for misconduct of duty.

Reports from Tekirdağ F-type Prison stated that the prisoner Zeki Şahin was not treated despite a tumor in his brain. His mother Güzel Şahin stated that they had applied to İstanbul Public Prosecution Office and the prosecutor at İstanbul State Security Court (SSC) but that she did not receive any results. She said: “When I went there to ask about the answer to my petition a woman insulted me saying ‘We did not release a prisoner whose inner organs were not functioning. Why on earth should we release your son?”

Ramazan Söker, elderly brother of Gülay Söker, imprisoned in Batman Prison applied to Batman Criminal Court No. 1 with the demand to suspend the execution of her sentence, since she was suffering from asthma and weakness of the heart. He said that his sister had been imprisoned in İstanbul in 1995 and later been sentenced to 12.5 years’ imprisonment for membership of the PKK. Because of asthma she had been transferred to Batman Prison and here the weakness of her heart was discovered. In September she had been taken to Batman State Hospital, but not transferred to the Medical Faculty in Diyarbakır.

Faysal Çeliker, brother of Laleş Çeliker, held in Batman Prison, alleged that his brother was not treated, although Batman State Hospital had certified that he was suffering from inguinal hernia. He stated that his brother had been imprisoned in 1996 and he had approached the Diyarbakır branch of the HRA for help. Diyarbakır HRA in return appealed to the Justice Ministry and the Directorate for Prisons in September to get the necessary treatment for Laleş Çeliker.

Prisoners in Midyat Prison alleged that some prisoners there were not treated despite being seriously ill. Reportedly the treatment needed fully equipped hospitals, which did not exist in that town and transfers to Mardin or Diyarbakır could be delayed for 2 or 3 months. Transfers to other prisons needed medical reports by a team of physicians and such reports were not prepared.

The statement presented the following information on individual prisoners:

“Fatma Savcı: She underwent an operation for a cyst in her chest, but it appeared again. For a long time she was suffering from dysentery and lost weight constantly. A transfer to İstanbul or Ankara was refused on the grounds that

her treatment was possible.

Güzel Çiçek: She was suffering from inguinal hernia and had a cyst in her chest. The fingers of her right hand had to

be cut after been frozen. Demands for a transfer to İstanbul or Gebze were not met. She should receive physiotherapy.

Emanet Çeşme: Beside hemorrhoids she was getting weaker and had complaints such as one side going to sleep. It

was said that it might be shrinkage of her muscles, but no proper findings existed.

Fatma Özbay: She was suffering from migraine and anemia and underwent an operation for hemorrhoids.

Songül Onar: She was suffering from high tension. She was taken to Mardin, but her family would like her to be in

Batman.

Gülazer Akın: For a long time she was suffering from back pains. She had a cyst in her chest. In Diyarbakır she was

told that her muscles got entangled.

Dilşah Ay: She had a cyst in her chest.”

Prisoners in Muş E-type Prison stated in September that Sabiha Sunar, imprisoned since 9 years, had been under treatment in Ankara Numune Hospital since 1998. Because of burnings skin had been transplanted nine times, but she had been taken back to Muş E-type Hospital before the treatment was finished. The wounds had shown up again. Reports from Adana Kürkçüler Prison stated that the prisoner Şermin Doruk, an alleged PKK member, was not treated despite a thyroid cancer. After being detained in İstanbul on 1 April, Doruk was transferred to Kürkçüler Prison. Lawyer Eren Keskin applied to the Ministry of Justice and Amnesty International (AI) hoping that Doruk would be treated.

Reports from Batman and Malatya prisons stated in October that the prisoners Kader Özkan and Yahya Fidan were denied medical treatment. Their relatives applied to Diyarbakır Branch of the HRA and demanded the Ministry of Justice to take steps for the prisoners’ treatment. Yahya Fidan reportedly set himself on fire when he was incarcerated in Ümraniye Prison (İstanbul) in 1998.

Zikrettin Ergün, brother of Saadettin Ergün, stated in October that his brother was not transferred from İskenderun Prison, although he was in need of medical treatment. He added that his brother had been apprehended after an armed clash and two bullets were still in his body. Later he had been sentenced to 25 years’ imprisonment for membership of the PKK. He had spent 8 years in various prisons. He was suffering from a bone movement in his neck and in danger of being paralyzed. He was also suffering from goiter and asthma. İskenderun State Hospital had ordered his transfer to Bayrampaşa Prison Hospital, but the prison administration did not transfer him.

Prisoners from Bayrampaşa Special Type Prison complained in October about bad prison conditions. They said that prisoners, who had been transferred to Bayrampaşa in order to receive medical treatment, were not treated and the conditions in the prison had resulted in an increase of pneumonia and hepatitis-B diseases. The prisoners further complained that they were ill-treated on their way to and from hospitals and courts. Their complaints to the prison administration, the prosecutor and the Ministry of Justice had been without any result.

Enver Yanık from Sincan F-type Prison allegedly did not get treatment in November. Suffering from hydrocephalic he had been taken to Ankara Numune Hospital in 1996. He had participated in the death fast action in 1996 and his nervous system had been damaged. He had been shot at both legs during the operation in Ulucanlar Prison on 26 September 1999. His lungs were bleeding since then. He was now suffering from epilepsy. He had been released according to the Law No. 4616 on Conditional Release and Suspension of Sentences, but since his term of imprisonment had been calculated incorrectly he was arrested again.

Reports from Tunceli stated in December that the health condition of Emine Kıyançiçek (77) was severely deteriorating. Lawyer Hüseyin Aygün stated that Kıyançicek was suffering from diabetes and hypertension and that the state hospitals in Elazığ and Tunceli and the Hospital of Ankara Metropolitan Municipality had issued reports certifying that she was not able to remain in prison. Lawyer Aygün had previously applied to the Public Prosecution Office in Tunceli demanding the release of his client according to Article 399 of the TPC.

Emine Kıyançiçek had been tried at Malatya SSC on charges of “aiding the PKK” together with Ali Adır (56), Naciye Sevük (20-disabled), Güllü Çelik (63), Yemiş Altıntaş (63), and Fatma Sevük (77). All of them were sentenced to 45 months’ imprisonment. They were imprisoned in May 2001 after the Court of Cassation confirmed the sentence in December 2000.

Reports from Gaziantep Special-type Prison stated in December that the health condition of the prisoner Hüsamettin

Sevik was getting worse because he had a bullet in his shoulder. He was shot twice -one of the bullets was taken out-

during a clash in 1997 in Lice district (Diyarbakır) and sentenced to life imprisonment.