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.
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