4 Hunger Strike in the Pendulum of Ethics and Law no. 5275 (Article 82 § 2). An individual may either proceed to a death fast when his hunger strike is of no avail3 or embark on a death fast from the very beginning. There is no distinction between hunger strike and death fast in terms of subject-matter, motive and aim. However, the methods are different. In case of a hunger strike, hunger strikers continue feeding alternately, receiving certain vitamins and various liquids, even to a slight extent, whereas in case of a death fast, they refuse to eat anything or drink water merely to the extent sufficient for maintaining consciousness. Thus, death fast must be regarded as a form of hunger strike. As indicated in medical reports, death takes place within a period lasting 42 to 79 days.4 However, it is a known fact that even at the very beginning of a hunger strike, there may be a life-threatening situation or even death may occur due to insufficient nutrition and sudden complications.5 As inferred from these definitions, hunger strike comprises the following four elements:6 (1) Full or partial refusal to eat, (2) voluntary basis, (3) a specific motivation, and (4) a certain period of time to the extent that will have an adverse impact on health. The condition of having a voluntary basis plays a critical role notably in case of common and systematic protests. In such cases, the question whether the decision to embark on a hunger strike or death fast has been taken by the person concerned individually is, as a matter of course, a controversial issue. It should always be kept in mind because when death is used in naming a strike, this is not only contrary to the definition and motivation of strike but also reflects a language that would, from the very beginning, legitimise any probable intervention therewith. Despite our reservation in this sense, we prefer using “death fast” in this paper in order to be in keeping with the Law. Taking this occasion, we would like to express that in case of an amendment to the Law in question, the notion, death fast, should be replaced with a new notion such as complete/total/absolute hunger strike. 3 Taşkın, p. 239; Özge Sırma, “Açlık Grevi (Hunger Strike)”, Fasikül Hukuk Dergisi, Vol. 4, Issue 26, January 2012, p. 20. 4 Amanda Gordon, “The Constitutional Choices Afforded to a Prisoner on Hunger Strike: Guantanamo”, Santa Clara Journal of International Law, vol. 345, 2011, p. 350. 5 Taşkın, p. 238. 6 Cochav Elkayam Levy, “Facing the Human Rights Challenge of Prisoners’ and Detainees’ Hunger Strikes at the Domestic Level”, Harvard International Law Journal, Vol. 57, 2015, p. 9.
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