ECHR fines Turkey for not providing diabetic prisoner with adequate food

STRASBOURG

The European Court of Human Rights (ECHR) has ordered Turkey to pay 5,000 euros as non-pecuniary damage to a diabetic prisoner who complained of not receiving meals compatible with his diet during his detention.

Ebedin Abi, who suffers from diabetes and coronary artery disease, was detained in a prison in the eastern province of Erzurum from April 2008 to March 2009. Abi asked the management of Erzurum Prison to provide him with meals appropriate to the diet prescribed for him by doctors.

After his request was rejected by the management, he applied to the domestic courts.

The ECHR statement said “his application was rejected by a final ruling of the Assize Court, on the grounds that each prisoner’s daily allowance was sufficient to allow them more than one type of meal to be provided per day.”

Abi lodged his application to the ECHR in December 2008, which decided that “the authorities had omitted to take the necessary measures to protect Mr Abi’s health.”

The ECHR also referred to the alleged deterioration in Abi’s health because of the failure to follow the diet prescribed by doctors, and said the national authorities failed to respond adequately to Abi’s repeated requests and did not make necessary arrangements for Abi to undergo a medical examination amid his complaints about his health situation.

“Hence, in failing to act, the domestic authorities had not taken the measures necessary for the protection of Mr Abi’s health and well-being. They had thus failed to ensure that the applicant’s conditions of detention were adequate and respected his human dignity, in breach of Article 3 of the Convention,” the ECHR statement concluded.

It also fined Turkey 5,000 euros to be paid to the applicant “in respect of non-pecuniary damage” and 1,150 euros “in respect of costs and expenses.”