Constitutional Court says suicide in prison violated inmate's right to life

* Photo: Anadolu Agency (AA) - Archive

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The Constitutional Court has concluded that the right to life and the prohibition of torment were violated on both material and procedural grounds in an incident of suicide that took place in a prison.

Six years ago, inmate R.B. committed suicide in the Sincan Prison in the capital city of Ankara. In its judgement regarding this incident, the top court has ruled that the family of R.B. shall be paid 105 thousand Turkish Lira (TRY) in non-pecuniary damages in total.

The Constitutional Court has also ruled that in order to eliminate the consequences of the violations in question, the file of the case shall be forwarded to the Ankara Batı Chief Public Prosecutor's Office for a re-investigation and that the file shall be forwarded to the Ankara Batı 2nd Heavy Penal Court so that a retrial will be held over the incident.

'Prison didn't take necessary measures'

The Constitutional Court ruling has indicated, "The officials of the Sincan Penal Institution obviously did not take the measures that they were obligated to take within reasonable measures and within the scope of their power so that the known suicide risk would be prevented."

Report: R.B. has suicidal thoughts

R.B. was sentenced to 41 years, 25 months, 15 days in prison in total. The execution of this prison sentence began on November 21, 2005.

R.B. was first held in the Silivri Prison at the outskirts of İstanbul. When the prisoner was referred to the Silivri Public Hospital, the report prepared by the hospital indicated that R.B. had antisocial personality disorder, adding that the inmate had suicidal thoughts.

Sent to the Bakırköy Prof. Dr. Mazhar Osman Psychiatric Hospital in İstanbul, R.B. was given prescriptions at different dates.

On November 5, 2014, R.B. attempted to commit suicide by taking several drugs. Afterwards, in a report issued by the hospital in Bakırköy, it was indicated that R.B. could display behavior that would harm oneself or others; accordingly, the report noted that R.B. should be held in close surveillance and that R.B. should be given drugs in a controlled manner.

'Prison administration is responsible'

After R.B. was transferred to the Edirne Type F Prison in northwestern Turkey, s/he consulted a psychologist several times. R.B. attempted to commit suicide one more time in September 2015. S/he was treated at a medical institution due to this attempted suicide.

R.B. was transferred to the Sincan No. 2 Type F Prison in the capital city of Ankara. In a petition that R.B. submitted to the Sincan Penal Institution in November 205 to be forwarded to the Ankara Chief Public Prosecutor's Office, R.B. said that s/he had been beaten since the day s/he arrived at the prison, that s/he was subjected to torture, that s/he went on a death fast on November 11, 2015. R.B. also wrote that in the event of her/his death, the prison administration would be responsible.

'Capital punishment' threat

In phone calls with her/his father, R.B. also said that s/he had been severely beaten by the prison director and wardens three times and that s/he had been threatened "to be put to death there." Talking to her/his mother, R.B. said that "s/he could not take it anymore and would kill oneself."

R.B. was found dead in her/his prison ward on November 14, 2015. The prison personnel issued minutes indicating that R.B. took her/his life by hanging oneself. As a decision of non-prosecution was given for the prison administration, the family applied to the Constitutional Court.

The application of the family to the top court indicated that "her right to life was violated on the grounds that R.B. committed suicide because the necessary measures were not taken to keep R.B., who had made multiple attempts of suicide in the past, alive and that the penal investigation carried out into the incident was ineffective."

Moreover, the family also argued that the prohibition of torment was violated on the grounds that the wardens who battered R.B. were put on trial, but the announcement of the verdict was deferred in the end.

Top court: Known suicide risk not prevented

The judgement of the Constitutional Court over this incident of suicide in prison was published in the Official Gazette today (July 27).

The judgement of the top court has said that the necessary measures were not taken in the face of the prisoner's risk of suicide.

Referring to "the previous suicide attempts of R.B. and the wounds found in her/his dead body," the Constitutional Court has said, "...even though it cannot be said that the death was the direct result of the acts of the wardens which allegedly constituted ill treatment or that R.B. was driven to suicide due to the acts of prison wardens within this context, the officials of the Sincan Penal Institution obviously did not take the measures that they were obligated to take within reasonable measures and within the scope of their power so that the known suicide risk would be prevented."

The top court ruling has also referred to the Chief Public Prosecutor's Office's decision of non-prosecution over R.B.'s death. According to the Constitutional Court, there was "no evaluation as to a possible connection between the acts of prison wardens that allegedly constituted ill treatment and the death of R.B. or as to whether the necessary measures were taken to protect the life of R.B. despite the existence of an actual risk of suicide."

Accordingly, the top court has concluded that it is not possible to say that all pieces of evidence that would contribute to the identification of the responsible parties were collected and ruled for a violation of rights. (AS/SD)