30 Hunger Strike in the Pendulum of Ethics and Law to have lost consciousness despite the measures taken and the efforts made under the first paragraph, medical tests, treatment, feeding and other measures for medical examination and diagnosis shall be conducted in the institution or, if not possible, by immediately taking them to a hospital, regardless of their will, provided that such measures and interventions do not pose a danger to their health and life.” Accordingly, at the time when the prisoner who is still on a hunger strike is diagnosed, through the report issued by the physician, to be in a life-threatening situation or have lost his consciousness, he will be provided with medical treatment at the penitentiary institution or, if not possible, at a hospital, without his consent being sought. This practice is applied mainly in cases of death fast. The matter of medical intervention comes into play mainly also at this stage. At this stage, certain measures such as medical tests, treatment and feeding for the purpose of medical examination and diagnosis will be taken with respect to the striker. In the meantime, a distinction must be made between the force-feeding that may be performed by everyone as set forth in Article 82 § 1 of Law no. 5275 and the force-feeding for the purpose of medical treatment laid down in Article 82 § 2 thereof. As the feeding process to be conducted by a physician or health-care staff is also a part of medical treatment, this process should be regarded as a medical intervention. It is beyond any doubt that the feeding of a person who is in a life-threatening situation may be ensured through medical methods. The difference in approach adopted in the Turkish legal system with respect to the hunger strike by a free person and the one by a prisoner becomes apparent at this very stage. Article 82 § 2 of Law no. 5275 does not confine the relationship between the prisoner and the physician merely to a patient-physician relationship and does not accordingly respect the will of the striker after a certain stage. In the light of the international documents, it appears that this issue is left to the discretion of the domestic legislation within the scope of certain standards. For instance, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (“CPT”) notes in the instrument, titled the CPT Standards, which was issued in 2002: “In the event of a hunger strike, public authorities or
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