Mustafa Kabakçıoğlu: Death in Custody and the Right to Life
This case report examines the death in custody of Mustafa Kabakçıoğlu, a former police officer dismissed from public service by emergency decree (KHK), who died in Gümüşhane Prison on 29 August 2020. The report focuses on concerns relating to his serious health conditions, access to medical treatment, prison conditions, and the State’s positive obligations to protect the lives and health of persons deprived of their liberty.
According to the report, Kabakçıoğlu suffered from chronic asthma and COPD and remained in detention despite significant health problems. It further states that he experienced difficulties in accessing medication and hospital treatment and that his condition deteriorated while being held in a single-person cell during the COVID-19 pandemic. His death and the images later made public became a prominent symbol in discussions concerning the right to life and the treatment of sick prisoners in Türkiye.
The report assesses the case under Article 2 of the European Convention on Human Rights, the Turkish Constitution, the UN Nelson Mandela Rules and domestic prison legislation, and calls for effective safeguards for seriously ill prisoners, independent review mechanisms and accountability where violations are established.