40 Hunger Strike in the Pendulum of Ethics and Law 4. It is a legal requirement that the will of the prisoner on a hunger strike will no longer be respected at the very moment when his/ her state of health attains a critical stage. In other words, a medical intervention is necessary with a hunger strike by the prisoners, even against their will, when their life is at risk or they lose consciousness. 5. A physician performing a medical intervention with respect to a convict/detainee on hunger strike without his/her consent has acted in breach of ethical principles but in accordance with the law. In that case, there is no liability incurred by the physician in that the physician applies the statutory provision. 6. If a decision ordering the suspension of the execution of sentence is given with respect to a convict/detainee, who is on a hunger strike, the question whether medical intervention is necessary will be ascertained according to the general rules of the physician-patient relationship. 7. Article 40 § 2 (g) of Law no. 5275, which envisages the imposition of a disciplinary sanction on the hunger striker in prison, is compatible neither with the essence, in legal terms, of the act nor with the requirements of a democratic society. 8. As regards force-feeding, the relevant Law does not seek even the condition that life of the convict/detainee has been endangered or he has lost consciousness. It is almost impossible to force-feed a conscious person without harming his/her dignity. This statutory regulation must be amended in line with the documents of medical ethics and the standards set by the ECHR. 9. In the circular of the Ministry of Justice, it is set forth in an explicit and accurate manner that a convict/detainee who is not on a hunger strike but merely a patient has the right to refuse medical treatment in hospital. However, it is not sufficient to regulate this matter only through the regulatory act of the administration or with reference to ethical principles. The Law no. 5275 should necessarily embody provisions within the framework of the same understanding. 10. Given the consideration that the actual aim of a hunger striker,
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