A/HRC/37/50/Add.2
• Their employment shall be governed by the provisions of Law No: 3308 of 5 June
1986 on Vocational Training in so far as they do not contradict the provisions of this
Law.
58.
In high security closed penitentiary institutions inmates’ requests to work at the
workshops are submitted to the administration and evaluated accordingly.
59.
In connection with Paragraph 44 regarding heating conditions in penitentiary
institutions, it is a legal requirement as per Paragraph 4 of Article 63 of the Law on
Execution of Penalties and Security Measures that adequate space, lighting, heating,
ventilation and hygiene shall be provided in rooms and parts in view of climatic conditions
in penitentiary institutions. Accordingly, the heating systems of the penal institutions are
established during the construction. The heating of the penal institutions in winter seasons
is ensured in view of the climatic conditions of the region of the institution.
Separation pre-trial/convict and male/female/juvenile
60.
As to Paragraph 47 of the Report recommending a “separation between pre-trial
detainees and convicts in all prison facilities”, the Government would like to submit
following information :
61.
The separation recommended in the Report is already a legal requirement according
to Paragraph 3, Article 111 of the Law No: 5275 on Execution of the Penalties and Security
Measures which reads “Separate detention houses may be established for women, minors
and juveniles. In detention houses or in those parts of closed penal execution institutions
which are allocated for detainees, they shall be kept in separate places for adults, women,
juveniles and minors and considering the types of crime.” Implementation is carefully
monitored as per this provision. Therefore, certain individual examples should not be
represented as systematic practices.
Medical care, sanitary conditions and nutrition
62.
Regarding the concerns set forth in Paragraph 48 of the Report on “prompt and
adequate access” to medical care, the Government would like to underline that health
requirements in the penal institutions are supervised by physicians. First examination and
treatment services are provided in the institution for the protection of physical and mental
health of the convicts and detainees, and for the diagnosis of the illnesses; those for whom
further examination, treatment and rehabilitation is required are referred to the state
hospitals while those for whom even further examination is required are referred to
university hospitals. All results of the examinations and treatments are recorded in the
personal health folders.
63.
As per the relevant law, all sorts of treatment and examination are under the
guarantee of the government and free of charge. The referrals to the hospitals are conducted
in the discretion of the physician according to the medical requirements.
64.
Among the inmates, those for whom the specialist physician deemed necessary to
refer to the hospital for in-patient treatment are placed in the convict wards of the hospitals
where their treatment and follow up are carried out.
65.
Regarding Paragraph 49 of the Report mentioning “insufficient General
Practitioners in facilities, problems regarding dental care and psychiatric/psychological
support”, the Government would like inform that comprehensive measures have been taken
in Turkey regarding the said health requirements to date.
66.
Following the entry into force of Law No: 5283 on the Transfer of the Health Care
Units Belonging to Some of the Institutions and Agencies to the Ministry of Health, first
step healthcare provided to the convicts and detainees by the physicians of the institutions
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