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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

regarding health and nutrition should be applied to all prisoners without exception, and
prisoners should be provided with nutritious food, including the minimum amount of
energy and protein.
In line with the necessity to adequately guarantee the health and well-being of
prisoners in the context of the practical requirements of detention, it is accepted by the
decisions of the ECHR and the Constitutional Court of Türkiye that the provision of
proper nutrition in prisons, taking into account the health of convicts and detainees,
is a positive obligation of public authorities within the scope of Article 17 of the
Constitution of Türkiye. 4

In the first paragraph of Article 72 of the Law No. 5275 stipulates that convicts and
detainees shall be provided with food suitable for health conditions, in reasonable
variety, taking into account age, health, the nature of the work, religious and cultural
requirements. In the third paragraph of the same article stipulates that sick convicts
shall be given food determined by the institution physician. Furthermore, Article 9
of the Regulation on the Food for Convicts and Prisoners and Personnel of Penal
Institutions stipulates that sick convicts and detainees shall be given food determined by
dieticians or physicians, and Section 4 of Circular No. 172 clearly states that detainees
and convicts with chronic and metabolic diseases such as celiac disease, diabetes, and
digestive system disorders, which require a special nutrition program, shall be given
appropriate food.

Therefore, within the scope of the positive obligation of the state to ensure proper
nutrition for detainees and convicts, the Ministry of Justice was advised to provide the
products included in the medical diet list, as the state should ensure that the convicts
and detainees under its auspices are fed efficiently and effectively, and that they have
a healthy and balanced diet and that their body and health conditions are protected. 5
7.2 PROTECTION OF FAMILY

By examining the applications in 2022 related to the “Protection of the Family”, it can
be seen that they are related to requests regarding the judicial process such as objection
to the decision of the court regarding the establishment of personal relations with the
child, and the abolition of indefinite alimony.

Examinations and investigations are carried out regarding the requests for the
reassessment of the personal relationship with the child or the re-evaluation of the
custody, if any, according to the new circumstances, considering the issues listed below.

4 ECtHR, Moisejevs v. Lithuania, B. No: 64846/01, 15.06.2006, Constitutional Court, Şehmus Özsubaşı,
B. No: 2013/2582, 03.03.2016
5 Decision of Partial Recommendation and Partial Refusal dated 07.02.2022 on application no. 2021/17979.

2022 ANNUAL REPORT 97