The prisoner whose sentence is uncertain is held in solitary confinement

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  • 12:24 12 January 2024
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RIHA – Ill prisoner Mehmet Çoban, who was arrested in Riha upon the statements of a witness who stated that he testified under torture and was sentenced to aggravated life imprisonment, is being held in a solitary cell even though the sentence against him has not been finalized.
 
In September 2015, 22 people, including 5 children, were detained in Riha on the grounds of "being a member of a terrorist organization". 10 people, including 2 children, were arrested and sent to Urfa Type E Closed Prison. Mehmet Çoban, one of the arrested names, was beaten during the house raid. While Çoban’s jaw was fractured, his teeth were also broken. Çoban was arrested before his treatment was completed, based on the statements of someone who was detained with him in the same investigation file. The person who testified said that he testified under torture in the court during the trial process.
 
However, Çoban was sentenced to aggravated life imprisonment on the charge of "disrupting the unity of the state and territorial integrity". Lawyers who objected to the decision took the file to the Court of Appeal. After the Court of Appeal rejected the lawyers' demands, Çoban's lawyers took the file to the Supreme Court. Although the file is still at the Supreme Court stage and the decision has not been finalized, Çoban was transferred to Kırşehir High Security Closed Prison and put in a solitary cell there.
 
Çoban's lawyer, Mustafa Vefa
 
TREATMENT LEFT INCOMPLETE
 
Çoban, who was held in Urfa Type E Closed Prison, Osmaniye, Urfa Type T, Yozgat No. 1 Type T Closed Prisons during his detention, was visited the other day by lawyers who are members of the Ankara Branch of the Human Rights Association (IHD) and the Association of Lawyers for Freedom (ÖHD). Lawyers noted the following about Çoban: “There is a large amount of tissue loss in the jawbone tissue on the left side of his face, resulting from the injury. He doesn't have 16 teeth. He stated that he could not eat due to the absence of part of his face and chin, and that he had severe nutritional and digestive problems due to having to swallow food without chewing. First of all, he applied for surgeries regarding these health problems, but he was not treated in Yozgat Prison. Gazi University Maxillofacial and Dental Surgery Physician deemed it appropriate to provide a dental prosthesis to the detainee, but since no referral was made and his treatment was not provided, he went on a hunger strike”
 
HE WAS BATTERED
 
On the other hand, it was stated that Çoban's psychological problems, as well as his physical problems, were also at an advanced level. It was learned that Çoban, who told his lawyers and family that his psychological disorders were triggered when he was kept in a closed area, had attempted suicide many times before because he was locked in a solitary cell. It was recorded that Çoban, in his meeting with the lawyers, stated that on October 24, 2023, he requested to go out of the room due to the recurrence of his psychological problems, and that after he insisted on the guards rejecting his request, he was taken to a corner without a camera and beaten for minutes.
 
THE STATEMENT TAKEN UNDER TORTURE WAS CONSIDERED
 
Çoban's lawyer, Mustafa Vefa, pointed out that Çoban's arrest was due to the statements of an open witness who later changed his statement. Vefa said: “While Çoban was detained, one of those detained within the scope of the same investigation was subjected to severe torture and was forced to sign a confession. This person later stated that he was tortured at the Counter-terrorism Committee (TEM) Branch during the prosecution phase and that these statements were taken by force. However, this was ignored and they were arrested along with many others. The file was opened at Urfa 2nd High Criminal Court. The person they made to sign a confession appeared in court again and said that the statements he made before the court were taken under torture and that he did not accept these statements. However, the court conducted a trial based on these false statements throughout the trial, and at the end of the trial, it gave prison sentences to all the defendants, including Mehmet Çoban”
 
HE NEEDS TO STAY IN THE HOSPITAL AND RECEIVE TREATMENT'
 
Noting that the file is at the appeal stage, Vefa also stated that the reasonable period for detention has been exceeded. Vefa said: “The decision in the file was made in 2019. But we are still waiting for the Supreme Court's decision. The decision has not yet been finalized, and since it has not been finalized, the execution phase cannot proceed. For this reason, the prison's decision to place Mehmet in solitary confinement is against the law. There is also Mehmet's special situation. Mehmet is unable to use almost all of his jaw. With the isolation practices in prisons, the disease went even further. While Mehmet needs to stay in the hospital and receive treatment, the prison administration takes Mehmet to hospital on a daily basis. Due to what he has experienced, both his mental and physical health have been seriously damaged”
 
THE RIGHT TO TREATMENT OF ILL PRISONERS
 
Emphasizing that Mehmet Çoban's situation has been reflected to the public many times, but the Ministry of Justice has persistently not taken any steps on the issue, Vefa lastly said: “Politically ill prisoners are expected to die in prisons. Mehmet Çoban has also been held for more than 8 years. In other words, the 7-year period specified in the law has passed. Ill prisoners need to be treated as soon as possible, and the executions of those whose sentences are in the process of being executed need to be stopped. The imprisonment of those who are held must end as soon as possible”
 
MA / Ceylan Şahinli