TİHEK did not consider inadequate conditions in prison as ill-treatment

06/09/2024 | Writer: Oğulcan Özgenç

Trans prisoner H.A applied to the Human Rights and Equality Institution of Türkiye stating that the prohibition of ill-treatment was violated due to the conditions in prison. TİHEK decided that the prohibition of ill-treatment was not violated.

The Human Rights and Equality Institution of Türkiye (TİHEK) has ruled that the conditions of detention of a trans prisoner, H.A., do not constitute ill-treatment. H.A., who was transferred from Kayseri T-Type Closed Prison No. 2 to Aksaray T-Type Closed Prison for security reasons, had applied to TİHEK claiming that the conditions violated the prohibition of ill-treatment. In their application, H.A. detailed that despite a medical recommendation supporting their transfer to a facility with a trans ward, they were housed in a single room with another LGBTI+ prisoner, A.A., and that no improvements had been made to the physical conditions of the prison. They also reported that he had been threatened by officers.

The prison administration responded that there were no multi-person wards for LGBTI+ prisoners and claimed that H.A. had been disciplined twice for causing fear and behaving inappropriately towards prison staff. They claimed that the prisoners were treated fairly and that there had been no ill-treatment or torture.

TİHEK’s assessment concluded that there had been no violation of the prohibition of ill-treatment, as the room was not classified as a cell, the physical conditions were in line with H.A.’s medical report, they had daily access to ventilation and their health was monitored.

“No discrimination rulings have been made in favor of LGBTI+ people by TİHEK”

Commenting on the decision to KaosGL.org, lawyer Kerem Dikmen stated that TİHEK is an institution established to effectively combat torture and ill-treatment and to fulfill the duty of national prevention mechanism. Dikmen pointed out that the institution also has some special duties to prevent discrimination and added:

“The LGBTI+ community is well aware of TİHEK’s approach. TİHEK systematically avoids addressing claims of discrimination based on sexual orientation and gender identity. Essentially, it disregards them. For instance, if the complaint had been about a trans woman prisoner’s inability to access an epilator, TİHEK would likely have ruled the case inadmissible. However, in matters involving torture or ill-treatment, TİHEK's authority is more constrained. There is no loophole for the institution to bypass these allegations. In this specific case, it reached a decision on the merits. To date, no discrimination rulings have been made in favor of LGBTI+ people by TİHEK.”

“LGBTQI+ prisoners face discrimination and abuse, both by other prisoners and by the staff”

“Country Profile” report prepared by Prison Insider, an organization dedicated to assessing prison conditions and advocating for prisoners’ rights, provides detailed information on Turkey’s penal and detention policies, legal frameworks and prison conditions.

Within the scope of the report prepared by the Civil Society in the Penal System Association (CİSST) it is underlined that LGBTQI+ prisoners are subjected to de facto isolation. They are deprived of social and physical activities, their right to work, and their right to socialise and communicate with others prisoners:

“LGBTQI+ prisoners placed in solitary confinement have limited access to healthcare. They sometimes refuse to go to the hospital out of fear for the treatment they will receive from other male prisoners in the transfer vehicle with them. CİSST observes that LGBTQI+ prisoners are frequently transferred, making it difficult to receive visits and to build solidarity with other prisoners.”

The report also includes the following statements:

“LGBTQI+ prisoners face discrimination and abuse, both by other prisoners and by the staff. They may also be subject to discrimination by lawyers, judges or courts. When held in solitary confinement, these prisoners are particularly vulnerable to ill-treatment, harassment, rape, and physical or psychological torture from prison officers. They also tend to be more isolated from contact with the outside world. Complaints are ineffective and lead to more violence. In some cases, prisoners were transferred to another prison following such incidents.”

Tags: human rights