Turkish human rights group blames prison for lack of a non-smoking ward

Wall English

Prison overcrowding puts non-smokers at a disadvantage. MT, an inmate in the Ağrı Patnos closed prison in eastern Turkey, had his request to be transferred to a non-smoking section approved in 2019.

However, as the prison population increased, smokers were also placed in the non-smoking section. MT reported that 15 of the 22 people in his section smoked and submitted a new petition to the prison administration, but received no response.

MT then appealed to the Turkish Institution for Human Rights and Equality (TİHEK).

TİHEK launched an investigation and requested a written statement from the prison. The prison administration stated that the facility is equipped with a two-tier room system and that the number of inmates has increased in the last three months. They noted that two non-smoking wards are planned for those convicted of common crimes, but the facility does not have the capacity to open new non-smoking wards. The administration stated that MT's request will be met if conditions allow it in the future.

MT added that despite having a window, the station was filled with cigarette smoke, causing discomfort, especially since the ventilation was open from 6 a.m. to 6 p.m.

TİHEK ruled that the rejection of MT's request to be placed in a non-smoking ward was a violation of the prohibition of ill-treatment. The decision stressed that the state is constitutionally obliged to protect a person's physical and mental well-being from all forms of danger, threat and violence.

The ruling states: “Staying in a penal institution does not mean sacrificing one's physical and mental health. Like other people, prisoners have the right to protect their physical and mental well-being. While penal institutions have broad discretion in implementing measures to ensure security and discipline, these measures must not impose an undue burden or force inmates to live in unhealthy conditions beyond what is necessary for their imprisonment.”