Parliamentary Question by HDP about Buse, a Trans Woman Prisoner

HDP Ankara Representative Filiz Kerestecioğlu proposed a parliamentary question about Buse, a trans woman and prisoner, who is not being referred to a hospital for her sex reassignment surgery.

Source: “Parliamentary Question by HDP about Buse, a Trans Woman Prisoner” (HDP’den trans kadın mahpus Buse için soru önergesi) February 6, 2019 http://kaosgl.org/sayfa.php?id=27537 

Filiz Kerestecioğlu, Ankara representative of the Peoples’ Democratic Party (HDP), proposed a parliamentary question concerning the obstruction of a sex reassignment surgery for Buse, who is a trans woman and prisoner, by the Ministry of Justice despite a court verdict deeming reassignment operations to be mandatory with regards to the mental health of the individual. HDP requested that Abdülhamit Gül, the Minister of Justice, respond.

“Do you think that the verdict by the Ministry which does not allow the surgery to be performed violates the prisoner’s right to healthcare?”

Kerestecioğlu posed the following questions to Minister of Justice Abdülhamit Gül:

Prisoner and trans woman Buse, who is currently serving time at Tekirdağ No. 2 F-type Men’s Prison, filed a suit approximately two and a half years ago in order to be able to undergo sex reassignment surgery. The court delivered a favorable verdict with “permission for surgery,” establishing that the operation was mandatory with regards to the mental health of the individual.

This verdict notwithstanding, the Ministry of Justice has not yet carried out her referral to a hospital and has been standing in the way of her surgery on the grounds that ‘the operation is mandatory but not urgent.’

As a trans woman, Buse is incarcerated at a men’s prison, as she has yet to have her sex reassignment surgery. For the past five  years, she has been held in solitary confinement.

She cannot benefit from access to such things as yard time and other social activities on account of the insufficient number of personnel. She is not permitted to socialize with the other prisoners on the grounds that “her safety cannot be guaranteed.”

The fact that Buse’s demand has been rejected with the explanation that “she can have the surgery once she is released” has no legal basis whatsoever, since it is clear that she will not be released from prison for at least another 15 years. This rejection also goes to show that the Ministry approves of continuing to hold her in solitary confinement as well as allowing her exposure to discriminatory practices. Buse’s only demand is to have surgeries, and to be transferred to a women’s prison afterwards.

In this regard,

  1. Do you think that the verdict reached by the Ministry not allowing the surgery to be performed violates the prisoner’s right to healthcare?
  2. What is the motive behind the Ministry’s re-request for opinion from the Institute of Forensic Sciences, despite the fact that the court has already delivered a verdict?
  3. When it comes to a surgery other than a sex reassignment surgery, is it a routine practice to re-request an opinion despite the court verdict?
  4. Do you consider it an act of discrimination when a prisoner cannot benefit from such things as yard time and other social activities on account of the insufficient number of personnel or when a prisoner is not permitted to socialize with the other prisoners on the grounds that “her safety cannot be guaranteed?”
  5. What kind of measures are being taken by the Ministry so as to prevent LGBTI+ prisoners from being exposed to discrimination?

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