Issues Regarding the Rights of Persons Deprived of Liberty Remain Unresolved: Ombudsman

The Human Rights Defender, as a national prevention mechanism, has repeatedly addressed the regulations and conditions related to the detention of persons arrested or imprisoned in court cells in his annual reports and public statements. To resolve this issue, numerous discussions have also been organized at the initiative of the Defender.

"Based on the correlation and analysis of information obtained from monitoring visits, as well as individual complaints addressed to the Defender, it is evident that the aforementioned issues, which have been recorded for years, have not yet received comprehensive solutions, which in certain cases leads to problems related to the guarantee of fundamental rights for persons deprived of their liberty. In particular, individuals deprived of liberty sometimes have to spend extended periods in cells lacking proper conditions for sleeping and resting. During this time, they are not provided with the food necessary for the regular functioning of their bodies and constant medication intake.

The court cells are mainly not equipped with the material necessities. The absence of a procedure for receiving parcels for individuals held in court cells and a unified legal regulation leads to practical problems in providing persons deprived of their liberty with essential items and food, as well as organizing and monitoring their receipt appropriately.

The Human Rights Defender considers this circumstance concerning and emphasizes that it may lead to ill-treatment of persons deprived of their liberty. Due to the absence of relevant legal regulations, practical problems frequently arise regarding which state body is responsible for the allocation of persons deprived of liberty in court cells, ensuring adequate conditions of detention, including proper food, medical care, as well as ensuring their safety and legal consultations in a confidential manner within the court building.

As a result, the legislative gaps related to the sector and the absence of clear procedural mechanisms continue to lead to various violations of the rights of persons deprived of liberty. The Human Rights Defender once again emphasizes that fundamental and clear regulations should be provided by law concerning the allocation of persons deprived of their liberty in court cells, the provision of mandatory household items, adequate conditions of detention, including proper food and medical care, as well as ensuring their safety and organization of legal consultation within the court building, excluding differentiated and discretionary approaches aimed at addressing this issue.

The Human Rights Defender highlights the necessity of finding systemic solutions to this issue, expecting a prompt response from state competent bodies regarding both the existing legislative gaps in the sector and addressing practical problems," states the Ombudsman's message.