A/HRC/37/50/Add.2 • Apart from the investigations conducted by the bodies that are independent from the administration, judicial review is also ensured as a result of the exercise of the right to objection against the Offices of Judge of Execution established by the Law No: 4675 and of the right to individual application to the Constitutional Court and to the European Court of Human Rights. 122. Regarding the Recommendations-7(a), (b), (c) and (d) (“ensure that all detainees remain under the direct supervision of guards and law enforcement officers of the same gender at all times including transfers”…. body searches, strip searches and any other physical examinations medical examinations and consultations”) the Government would like to recall that transfer and referral of the convicts and detainees are essentially carried out by the external safety officer, in line with the provisions of the Protocol on the Conduct of the Management, External Protection, Transfer and Referral of Convicts and Detainees and Medical Services of the Penal Institutions. 123. In Article 19 of the said Protocol following provisions are set out: • Except for obligatory cases, the letter for referring the convicts and detainees to hospital or hearing shall be sent to the gendarmerie two days prior at the latest, and the convicts and detainees shall be duly transferred on the day or at the hour required by the gendarmerie protection unit command. • Except for obligatory cases, transfer of the convicts and detainees to be transferred to another penal institutions shall be made within a month at the latest, from the time when the relevant letters are referred to the gendarmerie. • Except for obligatory cases, the information on referral of the convicts and detainees to be transferred shall be reported to the institution’s administration, at the latest one day before the transfer. • For the referral of female convicts and detainees to a hospital or hearing within the province, female execution and protection officers shall be assigned in case there is no enough female gendarmerie officers.” 124. Within this scope, female convicts and detainees are transferred, accompanied by female gendarmerie or the female personnel of Directorate General of Prisons and Detention Houses of the MoJ. 125. On the other hand, searches are made in accordance with the third paragraph of the Article 46 of the Regulation on the Administration of Penal Institutions and the Execution of Penalties and Security Measures, stipulating that “Body search shall be made by the security and custody officers of the same gender”. 126. During the medical examination of convicts and detainees, actions are taken in strict observance of the privacy of the patients, in line with the following provisions of Article 38 (“Ensuring safety and patient privacy during medical examinations”) of the Protocol on the Conduct of the Management, External Protection, Transfer and Referral of Convicts and Detainees and Medical Services of the Penal Institutions: • In the hospitals located in an area where a Directorate for Penal Institution is present, secured clinics, where breakout is prevented, shall be established. • Examination of the convicts and detainees shall be made in such secured clinics preventing breakout. The gendarmerie shall be on guard outside the clinic and take necessary security measures. Upon the physician’s written request, the gendarmerie shall be present inside the clinic. 16