2 Hunger Strike in the Pendulum of Ethics and Law Introduction Article 82 of Law no. 5275 on the Execution of Penalties and Security Measures (Law no. 5275) lays down the steps required to be taken in cases where a convict or detainee refuses nourishment voluntarily for any reason. Among the most frequent reasons is the protest activities that emerge as a hunger strike. Through this statutory provision, the Turkish legislation intends to make a distinction, in terms of forced intervention with physical integrity, between the hunger strike embarked on by a prisoner and the one embarked on by those who are not deprived of liberty. In this paper through which we will dwell on the causes and consequences of such distinction, hunger strike and/or death fast will be discussed in the light of this statutory regulation that allows for an intervention under certain circumstances. In this sense, we will firstly address the legal nature and ethical basis of hunger strike. We consider that this basis will offer an accurate and reasonable insight into this study on the basis of human dignity and freedom of will. The second section of this paper is intended to provide an explanation as to various issues such as the definition of medical intervention, the conditions of a valid consent and the consent process between patient and physician. In the third and last section, the legal and ethical aspects of medical intervention in case of a hunger strike will be addressed. In this paper, the question of an invention in case of a hunger strike will be examined separately in respect of individuals who are not deprived of liberty and are free and those who are imprisoned. The intervention in case of a hunger strike by prisoners will be discussed on the basis of the distinction between force-feeding and medical intervention. The underlying reason for handling force-feeding and medical intervention under seperate headings is not only our intend to follow the systematic established in the law but also our desire to put a special emphasis on the consideration that force-feeding amounts to an interference with human dignity which can in no way be infringed. This study will also touch upon the controversial position of the statutory arrangements concerning the force-feeding or forced treatment of a convict vis-à-vis medical ethics. Thereby, an answer will be sought to ascertain the lawful step required to be taken by the physician being stuck between the ethics or the law.
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