Turkish human rights group finds prison at fault for not offering non-smoking ward

The Turkish Human Rights and Equality Institution (TİHEK) has found a prison administration at fault for not fulfilling inmate M.T.’s request to be transferred to a non-smoking ward. Overcrowding at the prison had admin scrapping the smoking segregation, causing ill-treatment of inmates.

Friday August 23 2024 10:02 am

Duvar English

Overcrowding in prisons has disadvantaged non-smoking inmates. M.T., an inmate at eastern Turkey’s Ağrı Patnos L-Type Closed Prison, had his 2019 request to be moved to a non-smoking ward approved.

However, as the prison population grew, smokers were also placed in the non-smoking ward. M.T. reported that 15 of the 22 people in his ward smoked and filed a new petition with the prison administration but received no response.

M.T. then appealed to the Turkish Human Rights and Equality Institution (TİHEK).

TİHEK initiated an investigation and requested a written statement from the prison. The prison administration explained that the facility was designed with a two-tier room system and that the number of inmates had increased in the last three months. They noted that two non-smoking wards were allocated for those convicted of ordinary crimes, but the institution had no capacity to open new non-smoking wards. The administration stated that M.T.'s request would be fulfilled if conditions allowed in the future.

M.T. added that despite a window in the room, the ward was filled with cigarette smoke, causing discomfort, particularly since the air vent was open from 6 a.m. to 6 p.m.

TİHEK ruled that the rejection of M.T.'s request to stay in a non-smoking ward constituted a violation of the prohibition of ill-treatment. The decision emphasized that, according to the Constitution, the state is obligated to protect an individual’s physical and mental well-being from all forms of danger, threats, and violence.

The ruling stated, "Being in a penal institution does not require the forfeiture of one’s physical and mental health. Like other individuals, prisoners have the right to protect their physical and mental well-being. While penal institutions have broad discretion to implement measures ensuring security and discipline, these measures should not cause undue distress or force inmates to live in unhealthy conditions beyond what is necessary for their detention."