24 Hunger Strike in the Pendulum of Ethics and Law of physical integrity. The first paragraph of Article 82 of Law no. 5275, which also covers those detained at prisons by reference to Article 110 thereof, is related to force-feeding, whereas the second paragraph concerns medical treatment. d. Regulation “The Regulation on the Administration of the Penitentiary Institutions and Execution of Penalties and Security Measures”, which was issued by the President and took effect on 29 March 2020, contains a reiteration of the statutory regulation on hunger strike and death fast (Article 101). The principles and procedures as to the implementation of a statutory provision regarding a matter of particular concern to human rights should be laid down through a regulation. e. The Circular The Circular no. 172, of 6 January 2020, on the “Ensuring Access of Prisoners to Human Rights-Based Health Care and Treatments complying with International Standards, Their Transfers for Medical Treatment and Suspension of Their Penalties”, which was issued by the Ministry of Justice, contains no regulation regarding hunger strike or death fast. Nor is there any direct explanation with respect to the refusal of food and fluids.82 However, a reference is made to Article 82 of Law no. 5275 in two sections within the Circular. Accordingly, it is envisaged that in cases where the convicts and detainees who suffer from contagious diseases but refuse medical examination and treatment are in a lifethreatening situation, Article 82 § 2 of Law no. 5275 shall be applied. Secondly, if the prisoner referred to a hospital for treatment refuses medical treatment, not Article 82 of Law no. 5275 but general provisions shall be applied. The Circular does not allow the hunger strikers to refuse a medical treatment, which is quite natural in consideration of the relevant provision in Law no. 5275. What attracts attention at this point is the explicit regulation whereby the prisoners who are not on a hunger strike but merely suffer from a disease are entitled to refuse medical treatment at hospital. The lack of a statutory provision on this 82 Full text of the Circular is available at https://cte.adalet.gov.tr/Resimler/Dokuman/2212020114623172%20genelge.pdf (09.02.2021).
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