The preliminary autopsy of Garibe Gezer, who died suspiciously in an isolation cell in Kandıra No. 1 F-Type Prison, was carried out without lawyers. Furthermore, the emergency button in her cell did not work.

In an interview with ANF, Turkish Human Rights Foundation (TİHV) board member and forensic medicine specialist Prof. Dr. Ümit Biçer explained the normal procedure that should be performed during autopsies. Biçer emphasized that according to the Minnesota Protocol, the person or persons who should participate in an autopsy should be forensic experts rather than lawyers.

‘ALL DATA NEEDS TO BE EVALUATED TOGETHER’

Biçer maintained that it is correct to have lawyers assisting autopsies in order to eliminate doubts, but it is important to have forensic medicine specialists who are recommended by the parties and whose independence is trusted.

“I think it would be correct for lawyers to attend an autopsy, but it would be more appropriate to have lawyers along with an expert who knows the procedures there. It is not sound to make hasty assessments during an autopsy. In order to reach a conclusion, it is necessary to consider the procedures, examination methods, samples, photographs and relevant evaluations as a whole. It is better to do all these and then to express an opinion on the issue. Currently, there is not enough information to comment on the suspicious death of Garibe Gezer. When the outcomes of these assessments are fully shared, it will be possible to really say whether her death was a suicide or something else,” Biçer said.

'A CASE OF MINNESOTA PROTOCOL: ENGIN CEBER'

Biçer revealed that the Minnesota Protocol is rarely implemented in Turkey and added that the first case following the protocol is related to Engin Ceber who was tortured to death by guards in Metris Prison. Biçer remarked that independent forensic expert Nadir Arıcan participated in an autopsy for the first time in the case of Ceber upon the suggestion of lawyers. Biçer pointed out that in other cases a few specialists attend autopsies, but in practice this happens under exceptional circumstances.

Biçer maintained that it was unacceptable to have put Gezer, who had denounced that she was tortured and sexually assaulted by the guards, in an isolation cell despite the fact that she had attempted suicide before.

Biçer reminded that prisons have negative effects on people's mental health. “Scientific studies show that mental problems and the risk of suicide increase. And when solitary detention or confinement exceeds a certain period of time, when people are allowed to meet fewer people or cannot participate in social activities, problems worsen. Therefore, it is necessary to consider all kinds of situations that harm human health, particularly those that may lead to death or more serious consequences, as torture and ill-treatment. Increasing the isolation period of inmates, not taking the necessary precautions for a person who has already attempted suicide is torture and ill-treatment."

'THE PRISON ADMINISTRATION IS RESPONSIBLE!'

Biçer said that the prison administration is responsible for what happened to Gezer. Biçer reminded that the state is responsible for protecting the rights of people who have been deprived of their freedom, especially their right to life, against torture and ill-treatment.

For Biçer, the health of prisoners is the responsibility of the state. Therefore, state officials and prison administrations bear responsibility for a deterioration in their health. “Especially if we are talking about a person who has attempted suicide before and has denounced the violence she has experienced; it is unacceptable to keep her under conditions where she can harm herself.”

‘UN STANDARDS SHOULD BE ADOPTED’

Biçer stated that international standards should be applied regarding the rights of prisoners and the conditions in which they are held, which are recognized by the latest regulations of the United Nations (UN), in order to prevent the same problems from happening again. Biçer said that deprivation of liberty is already a very severe form of punishment. “Prison administrations cannot, in any way, engage in any other action that harms the physical and mental health of a prisoner. Prison administrations cannot allow such violations to happen. They amount to torture. All studies on isolation reveal that this practice has a detrimental effect on people's mental health. As doctors and human rights defenders, we cannot accept that a person is exposed to situations that lead to deteriorating health and triggering behaviours that may lead to death. We cannot remain silent when such practices become widespread for different reasons. Physicians cannot approve of solitary confinement under the name of isolation. They cannot consent to the confinement of a person in such a condition. Isolation practices are torture and should not be applied to any human being in any way.”