31/05/2022 | Writer: Yunus Emre Demir

Union of Turkish Bar Associations Chair Erinç Sağkan told that he would negotiate with General Director of Prisons and Detention Houses.

LGBTI+ prisoner, who has 24 more years as penalty, is in isolation Kaos GL - News Portal for LGBTI+

LGBTI+ prisoner M. K, who was transferred from Alanya L-type prison to Nizip T-type closed prison, told their experiences within the context of the letters written to Civil Society in Penal System (CİSST), Gaziantep Bar Association and Center for Human Rights.

M. K., within the context of the letter to CİSST, wrote:

 “I am isolated from everyone and everything. I am exposed to such an enforcement which is not deemed proper even for the ones who had committed a crime vulgarly and thuggishly. I tried to attempt to suicide twice due to being exposed to a great deal of injustice for 8 years, just because of being LGBTI+. I couldn’t be successful, I failed. At this rate, I mean if I go on stay here, I prefer to die instead of living under these circumstances.”

Emphasizing frequently isolation of LGBTI+ prisoners, Meriç Doğan, from CİSST, said:

“LGBTI+ prisoners are located into prisons according to their sex section mentioned in their identities. Having come out to housekeeping during the entrance or later about their gender identities, they are located in different sections, apart from general population. Following the nuncupation, they have to take a medical report related to their gender identities and sexual orientations.

Considering them separate from the other population, leads a de facto isolation particularly for LGBTI+ prisoners. This is what M. K. has been experiencing. Therefore LGBTI+ prisoners are condemned to asociality and isolation in the prisons.”

Doğan also talked about the circumstances oriented to LGBTI+ prisoners in the prisons and she underlined the verdict given by European Court of Human Rights:

“Generally LGBTI+s are located to the sections reserved to LGBTI+ prisoners, if there is. If not, they are isolated in one-person cell. It is claimed that the reason of keeping in one-person cell is for security purposes. I want to make reference to a verdict, given by European Court of Human Rights after a case heard and resulted in on behalf of the applicant related to the situation.

Within the context of the case Turkey was convicted of keeping a homosexual prisoner in a one-person cell for eight months due to infringing third article, arranging prohibition of torture, and 14th article, arranging prohibition of discrimination, of European Convention of Human Rights. Therefore de facto isolation process for LGBTI+ prisoners, in one way or another, causes violation of human rights.”

“Physical and mental health of the prisoners must be observed and steps should be taken”

Finally, Doğan remarked that the reason of M.K.’s transfer to a prison, where there isn’t any LGBTI+ prisoners, should be queried and underlined that these kind of applications function as an exile.

“The LGBTI+ prisoner, who is in Nizip T-type Prison indicated that they were transferred there due to a ‘disciplinary action’. So we can excogitate that they were addressed to Nizip T-type Closed Prison with claim of subverting the institution. This is mentioned in the 53rd and 55th articles of Law on the Execution of Sentences and Security Measures.

Voluntary shipment request of the prisoners has hold back, and prisoners were transferred to another prison just under ‘force majeure’ mentioned in the law, especially during Covid-19 pandemic. According to the narrations of the prisoners and their relatives, who has reached us during this period, some of the shipments conducted on the grounds of security reasons functioned as an exile and these were used as an isolation tool for LGBTI+ prisoners, who have already established social ties in the prisons they are.

In the present case, we have to query why the prisoner has been transferred to a prison where there isn’t any other LGBTI+ except them, and not to the one where there are already LGBTI+ prisoners or where there are wards reserved for them. The prisoner had indicated that they had a self-destruction desire because of the shipment to that prison, circumstances they experience there, and isolation they were exposed to. Physical and mental health of the prisoners must be observed and steps should be taken in order to knock these kind of things on the head.”

“The ministry has the sole responsibility for my experiences”

LGBTI+ prisoner M. K.’s letter written to Gaziantep Bar Association Human Rights Center, includes the statements below:

“I am an LGBTI+ individual. I live in a one-person cell which takes place in back of the beyond, because there isn’t any other LGBTI+ in this prison. As you would appreciate it is impossible to be healthy, even to survive under these enforcement circumstances.”

M.K also pointed out the ministry as the sole responsible for their experiences: “My shipment request to a prison, where there are already LGBTI+ prisoners, was rejected. If I had to kill myself, just because it is impossible to live under these circumstances, the ministry will be the sole responsible for it. I don’t have any complaint about the administration of the prison.”

Union of Turkish Bar Associations Chair Erinç Sağkan will negotiate with General Director of Prisons and Detention Houses

Attorney Fatma Güner, from Gaziantep Bar Association Center for Human Rights, told that Gaziantep Bar Association has taken action and negotiated with both the administration the prison and M. K., following the letter. Indicating that they be a close follower of the process Güner said: “There is a critical violation of rights here. M.K.’s suicidal tendency gives us the shakes. We will be the follower of the process.”

Güner continued as: “These corrupt practices are the violation of prohibition of torture mentioned in European Convention of Human Rights. We may apply to Constitutional Court and European Court of Human Rights, after exhaustion of remedies. There are violation verdicts related to the issue. This is a critical violation of rights. This may lead to the violation of the right to life, which is the major fundamental right. Prisoners’ right to life is under the responsibility of the state. We will also be the follower of the file.”

Attorneys from Gaziantep Bar Association, Center for Human Rights, also reached to Erinç Sağkan, Union of Turkish Bar Association Chair, informed him about the process and demanded support. Sağkan told that he would negotiate with General Director of Prisons and Detention Houses and follow the process.

Translation: Selma Koçak

 


Tags: human rights
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