2015/4881
04/11/2015
A.L.
,Bakırkoy Closed Prison for Women
:
Bakırkoy Dr. Sadi Konuk Training and Research
Hospital - General Directoriate of Prisons and
Detention Houses, Ministry of Justice
The complainant requests the elemination of the
victimisation that took place as not to recieve the
medical treatment when she visited Bakırkoy Dr.
Sadi Konuk Training and Research Hospital
06.10.2015
As a result of the preliminary examination upon to the application of complaint
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On 06 October 2015, complainant A.L. (Passport Number : ….) filed an application through submitting a petition when the Ombudsman expert made a visit to the prison that she is in. The subject matter of the petition is as follows; she is a prisoner at Bakırkoy Women Correctional Facility, she had a serious medical operation at her bowels and stomach, but she didn’t have medical examination and doctor control after the surgery. Applicant requests supply of the necessary medical examination and treatment.
Paragraph one of article 26 of the “Regulation on Procedures and Principles Concerning the
Implementation of Law on the Ombudsman Institution” titled : “Withdrawing a complaint” which is published on Official Gazette dated 28/03/2013 and No. 28601 states that “Complainant may withdraw her/his complaint until the decision is taken. In this case, the Institution shall terminate the examination and investigation”, Institution shall decide that there is no ground to take a decision pursuant to subparagraph (a) of the paragraph (1) of the article 34 of the same regulation, and article
30 of the aforementioned regulation points out that “The examination and investigation may continue, when the content of the complaint is about human rights, fundamental rights and freedoms, women rights, children rights and general matters concerning public”.
As a result of the research and examination carried out upon the application of the applicant;
It has been ascertained that the complainant fainted on the plane on 02 May, 2015 due to the mix of narcotics to her body that was placed to her stomach, afterwards she was sent to Bakırkoy Dr. Sadi
Konuk Training and Research Hospital and she underwent a surgery in order to remove the narcotics from her stomach and she had inflammation in her stomach.
Ombudsman expert made a visit to Bakırkoy Closed Prison for Women in order to meet with the applicant on 06 October 2015, the applicant presented a petition in her native language that includes subjests that is mentioned in the opening section of this document. Besides; on the same day during his interview with the Ombudsman Expert, the director of the closed prison stated that medical examination didn’t take place because of the prisoner’s debt to the hospital, but the problem was solved when the police headquarters sent a document to the hospital which clarifies that the person in question is a judical case.
Ombudsman expert made another visit to the applicant after obtaining the necessary permissions from the related chief prosecutor on 22 October 2015. The principal of the closed prison stated that medical examination didn’t take place because of prisoner’s debt to the hospital, but the problem was solved in a short time and the applicant was under medical treatment currently. A copy of the patient’s files was submitted as a result of expert’s request for the applicant’s medical health records and annexed to the file of the complainant.
The information and documents in the medical health records is presented below;
It is pointed out in the document sent by Bakırköy Closed Prison for Women which addresses to Bakırkoy Dr. Sadi Konuk Training and Research Hospital on 09.10.2015 that allowance that was assigned by the Ministry of Health is supposed to cover applicant’s treatment expenses and the patient was sent to surgical gastroenterology service of the hospital upon to same document.
Appointment for the surgical gastroenterology service was scheduled for the date of
23.10.2015.
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During the meeting with the applicant that took place in the same day; A.L. presented a petition in her native language that was translated to Turkish by a certified translation Office. It was stated in the petition that medical treatment began, her problem was solved and she appreciated for our assistance.
Additionally; it was stated that “Complainant’s health treatment was performed and the applicant didn’t have any complaints” in the minutes which was translated and read to the complainant by the friend of her and signed by the complainant, friend of the complainant who can speak Turkish and the
Ombudsman expert . As a result of convenient behaviour of the prison administration which is linked to General Directorate of Prison and Detention Houses of Ministry of Justice to the principles of transparency, accountability, courtesy, rightful expectation; the request of the prisoner for medical treatment was met at the earliest and the applicant withdrew her complaint and the problem reached a compromise, in a matter of speaking, by mediation.
By virtue of examination of the complaint file, It has been determined that the issue doesn’t meet the conditions that are stated in the article 30 of the regulation as a consequence of complainant A.L. withdrew her complaint because of the attempts of our Institution as mentioned in the minutes dated
22.10.2015. It is decided that There Is No Ground Exists for Taking Decision be issued concerning the complaint application according to above mentioned articles.
The Chief Ombudsman
of the Republic of Turkey
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