Court rejected ALS-suffering prisoner’s release request days before his death, lawyers reveal

The authorities denied the release request of a prisoner suffering from ALS just 10 days before his death, his lawyers have revealed.

Despite Abdulkadir Kuday’s deteriorating health, his appeal for release was turned down on the grounds that his aggravated life sentence could not be interrupted, attorneys from the the Lawyers for Freedom Association (ÖHD) stated in a press conference yesterday.

Kuday was diagnosed with ALS in December 2021, a disease progressively weakens muscles and affects nerve cells in the brain and spinal cord. He lost his life in İstanbul’s Metris Prison on Oct 2.

Speaking at the press conference, Kuday’s lawyer, Eda Önal said, “He was denied release because of his life sentence, with authorities arguing that ‘his sentence could not be interrupted under any circumstances.’ This was despite his critical condition and the European Court of Human Rights’ (ECtHR) recognition that such a decision could violate the prohibition of torture. He was left to die in prison.”

Medical reports ignored

Sidar Perçin, another ÖHD lawyer, explained that several medical reports had supported Kuday’s release due to his severe health condition. In December 2021, a report from Tekirdağ City Hospital recommended that his sentence be postponed for six months due to his advanced illness. However, another report from the same hospital shortly after suggested he be transferred to a Type-R prison, designed to house severely ill prisoners.

In line with the second report, the Forensic Medicine Institute (ATK) decided that Kuday could continue serving his sentence in Type-R prisons, leading to his transfer to Metris Prison. “This decision sealed his fate,” Perçin said. “His health worsened over the following months, with multiple emergency hospitalizations, yet his appeals for release were consistently rejected.”

Perçin also noted that the European Court of Human Rights has emphasized the importance of humane treatment for prisoners with terminal illnesses. “The ECtHR acknowledges that individuals suffering from terminal conditions or whose health is incompatible with prison conditions should not remain detained, as it could violate Article 3 of the European Convention on Human Rights, which prohibits torture,” she said.

Ill prisoners in Turkey

While no recent data is available regarding ill prisoner in the country, the Human Rights Association (İHD) reported that as of April 2022, there were 1,517 ill prisoners, including 651 in severe condition.

According to figures from the Penal System in Civil Society Association (CİSST), around 100 prisoners have died each year due to illness over the past four years. These include political prisoners who have died in prison or shortly after their release. (VK)