25 Union of Turkish Bar Associations Review 2022 Süleyman ÖZAR matter in Law no. 5275 cannot be eliminated through a regulatory act of the administration or by relying on the ethical principles. Instead, it would be reasonable for the Law to embody relevant provisions in line with the same understanding. f. Triple Protocol Finally, the Triple Protocol on “Management, External Protection and Rendering Health-Care Services Functional at Penitentiary Institutions and Detention Centres”, which was signed by and between the Ministries of Justice, Internal Affairs and Health on 17 January 2000, should be touched upon. Article 19 of the initial version of the Protocol lays down the practice concerning intervention with respect to, and medical treatment of, those who are in a critical state of health for being on a hunger strike.83 The Turkish Medical Association brought an action for annulment, maintaining that the relevant provision was in breach of the Regulation on Patients’ Rights. The action was rejected by the Council of State. Upon appeal, the Board of the Administrative Law Chambers, upholding the decision of the 10th Chamber of the Council of State, dated 20 November 2002, by a majority, considered the ethical principles as a recommendation but laid stress on the State’s positive obligation within the meaning of the protection of the right to life under Article 17 of the Constitution and Article 2 of the Convention. In this decision, the Board of the Administrative Law Chambers did not mention of the European Convention on Biomedicine.84 This Protocol was replaced by a new triple protocol dated 19 August 2011, which does not contain any regulation concerning hunger strike.85 2. Force-Feeding (Article 82 § 1 of Law no. 5275) As set forth in Article 82 § 1 of Law no. 5275, “if convicts insist on refusing the nourishment given to them for whatever reason, they shall be informed by the physician at the penitentiary institution about the harmful 83 Full text of the Protocol is available at https://www.ttb.org.tr/mevzuat/2005ek/ Cilt1.pdf (05.02.2021) 84 Decision of the Board of the Administrative Law Chambers of the Council of State, no. E 2003/501 K 2006/2096 and dated 7.12.2006. 85 Full text of the new Protocol is available at https://www.ttb.org.tr/mevzuat/ images/stories/Yeni_l_ protokol.pdf (05.02.2021).
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