The release of Mahir Polat is a matter of conscience

Attorneys Dr. Mehmet Ruşen Gültekin and Deniz Ali İlkem Demir

Mahir Polat, Deputy Secretary General of the Istanbul Metropolitan Municipality (IBB) and Secretary General of the Union of Historical Towns, was arrested and sent to Silivri Prison on March 23, 2025, within the scope of the "urban consensus" investigation conducted by the Istanbul Chief Public Prosecutor's Office. Polat has overseen the restoration and protection of a total of 942 heritage sites, including 62 monuments and civil architectural works, 21 new museums and living spaces, 34 public art pieces, 197 registered fountains, 588 historical graves and treasuries, and 19 historical tombs, through the IBB Heritage Directorate. Furthermore, he brought dozens of works to Istanbul that have garnered global attention, such as the "Fatih" portrait by Bellini, the "Suleiman the Magnificent" portrait, and the "Fatih Medallion." Developing projects that spread culture and art to every corner of Istanbul, Polat has brought 196 exhibitions of national and international importance to the people of Istanbul to date. Mahir Polat plays a vital role in maintaining a healthy society and protecting Istanbul's cultural heritage. However, his health problems and his detention represent a violation not only of justice but also of human rights.

Polat’s lawyers emphasize that since the day of his arrest, their client has had six stents in his coronary arteries, has undergone an angiogram, and that the health conditions in prison are extremely dangerous for his situation. Additionally, he has suffered from health issues such as high blood pressure and chest pain since his first days in prison. Polat was hospitalized on March 26, 2025, and underwent another angiogram on March 30. However, after both hospitalizations, Polat was sent back to prison.

THE PRINCIPLE OF PROPORTIONALITY MUST BE APPLIED IN PROTECTIVE MEASURES

It is a fundamental principle of criminal law that an arrest decision must be made in accordance with the principle of proportionality. According to these principles, the measure of arrest should be evaluated based on factors such as the manner in which the crime was committed, the severity of the crime, and the defendant's state of health. In Mahir Polat’s case, given his health problems, the application of the arrest measure clearly contradicts these principles. Polat’s lawyer explained his client's serious health problems to the criminal judgeship of peace before the arrest decision was made; however, the court disregarded his health status and issued an arrest warrant. This issue constitutes a serious violation that contradicts not only the principles of criminal law but also fundamental human rights. Because Mahir Polat’s health status was not taken into account, this arrest can be considered a grave human rights violation. Moreover, as a requirement of being a state of law, even if the conditions for restricting freedom are met, the aim should be for the individual to emerge from this restriction with the least possible harm.

THE RIGHT TO LIFE AND THE STATE'S OBLIGATION

The right to life is the most fundamental human right, and it is every individual's most natural right. Any threat to the right to life is the state's most important and primary responsibility. The state has positive obligations to protect the right to life of its citizens. This is a legal, constitutional, political, and moral obligation, and the state's failure to fulfill its responsibilities in this regard constitutes a serious violation. Mahir Polat’s health condition in prison poses a clear threat to his right to life, and the state is required to eliminate this threat.

Polat’s detention constitutes a violation of the right to life. The fact that conditions in prison, combined with his health problems, put Polat’s life at risk means that the state is not fulfilling its duty in this regard. Since it is both a legal and moral obligation for the state to protect the right to life and look after Polat’s health, his release is an inevitable responsibility.

In accordance with the European Convention on Human Rights (ECHR), states are obliged to care for detainees in humane conditions. This obligation also requires courts and competent authorities to apply lighter measures (such as judicial control) for individuals with health problems. It does not appear possible for Mahir Polat to be treated in a healthy manner under prison conditions. Therefore, his release under judicial control measures becomes a necessity when his health problems are taken into account.

The assessment made regarding Mahir Polat’s health status and detention reveals that the negative conditions in prison and the arrest decision are contrary to both the principle of proportionality and human rights. Mahir Polat’s release will be an important step not only in terms of protecting the right to health but also for the sake of the rule of law and the administration of justice.

Mahir Polat’s detention represents a violation of these fundamental principles and must be reviewed as soon as possible. Health must be the primary priority in criminal law. Therefore, as a requirement of the principle of proportionality and moderation, Mahir Polat’s release is not only a requirement of justice but also essential for the protection of human rights. For these reasons, Polat’s release is a historical and moral responsibility. The right to life takes precedence over everything, and the state's obligation to protect this right cannot be ignored under any circumstances.

News Source: 12punto