E/CN.4/1999/61/Add.1 page 20 to request a transfer. Nonetheless, the Special Rapporteur is concerned that the potential for abusive withholding of transfer requests is present, irrespective of actual practice, and finds it desirable that such apparent gaps in protection be closed wherever possible, not least to guard against false allegations. 67. With respect to the transfer of prisoners to hospitals, the Minister for Health informed the Special Rapporteur that plans exist to build specific hospitals in Ankara, Istanbul and Izmir exclusively for prisoners and that prisoners on transfer are currently kept in special prisoner wards in ordinary hospitals. According to the Minister, prisoners transferred to such hospital wards are free to see the doctor of their choice and are treated like any other patient. In contrast, non-official sources alleged that prisoners are often subjected to ill-treatment during transfer, that the special sections within hospitals are not able to provide the necessary facilities to treat serious cases and that medical staff in the special sections may be subject to pressure. An example was given of a case where three nurses were transferred from a special section at the request of jandarma, who felt the nurses were developing overly close relations with the prisoners. 68. A final problem of note concerning prisons is the presence of a number of prisoners with terminal diseases among inmates. Many of these, for example a group at Istanbul Sa—macilar prison (BayrampaÕa), have developed a degenerative condition known as Wernicke-Korsakoff syndrome as a result of prolonged hunger strikes. Article 399 of the Code of Criminal Procedure provides for the postponement of or reprieve from sentences for the terminally ill. The Special Rapporteur has received many allegations that this article is not being implemented in spite of a series of petitions by non-governmental organizations on behalf of terminally ill prisoners. The official response, as communicated by a non-governmental source, is reportedly that, at least in the case of those prisoners in BayrampaÕa suffering from Wernicke-Korsakoff syndrome, the problem is that they are on remand and cannot therefore be pardoned as they have not yet been convicted. While this may be an accurate legal construction of the provision, it appears inconsistent to apply a stricter rule to those whose guilt has not yet been firmly established than to those who have been convicted. As far as the Special Rapporteur's mandate is concerned, the issue is not the release of these prisoners per se, but ensuring that they receive humane treatment. If their medical condition makes release or treatment outside prison imperative, then measures should be taken accordingly. III. IMPUNITY 69. Despite the widespread reports of torture, especially in cases involving the enforcement of the Anti-Terror Law, investigation, prosecution and punishment of members of security forces are rare. Human rights organizations claim that the failure of the Turkish Government to enforce domestic and international prohibitions of torture has led to a climate of official impunity that encourages abuse of detainees during the detention period. 70. The provisions of the Turkish Penal Code that criminalize torture and ill-treatment, specifically articles 243, 245 and 354, have been outlined above (see paras. 30-31). Other legal measures protecting against abuse by