Constitutional Court: Prisoner Cannot be Prevented from Sending Letter to Rights Group

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The Constitutional Court announced its decision on a prisoner whose letter about the legal process he went through was censored.

It ruled that the convict's right to communication was violated and that he shall be paid 2,000 lira (~300 USD) for non-pecuniary damages.

"It is unacceptable that the letter is prevented from reaching civil organizations and public authorities operating in the field of human rights," the top court said about the letter that was intended to be sent to the Civil Society in the Penal System (CISST) Association.

"I can't get them translated"

Convicted of "attempting to change the constitutional order by force," Rauf Erdem is currently behind bars at Silivri No. 6 Type-L Closed Prison.

On September 5, 2017, he wrote a letter to the CİSST Association about the legal process:

"In 2004, we were made to benefit from the new law No 4616, and this decision was automatically approved because no one objected. This decision reached me after six years... Based on this, I requested my release and they took action regarding the enforcement and released me on 21/11/2016... The 11th Heavy Penal Court approved the appeal and gave an arrest order..."

Erdem was detained during a house raid and remanded in custody. In his letter, he said he intended to apply to the European Court of Human Rights (ECtHR):

"... Now I will have three applications to the European Court of Human Rights (ECtHR) but I don't have the [financial] means to get them translated. Is it possible for you to write the applications, get those translated and send them?"

The Prison Disciplinary Board decided to confiscate the letter after evaluating it and finding it "objectionable."

The board's decision said that the content of the letter jeopardized the order and security of the penal institution, targeted officers, caused communication between members of terrorist organizations, benefit-oriented criminal organizations, or other criminal organizations, and included false information that would cause persons or institutions to panic.

After Erdem's appeals against the disciplinary board decision were rejected by Silivri 2nd Judgeship of Execution and then Silivri Heavy Penal Court, he made an individual application to the Constitutional Court on December 8, 2017. The Constitutional Court gave a verdict on March 10 and released the justified decision last week.

Constitutional Court: Why was the letter objectionable?

The Constitutional Court stated that "it was not explained which expressions in the letter were objectionable due to which reason to be conveyed to the addressee."

Also, it stated that sending a letter to the CİSST Association, which it said was a legal rights organization, could not be prevented.

"It should be kept in mind that the addressee of the letter is an association established in accordance with the legislation on associations and operating in the field of human rights.

"Considering the fact that sending and receiving letters is one of the most important tools to communicate with the outside world for convicts and arrestees, the penal institution should assist prisoners in maintaining adequate communication with the outside world and provide them with appropriate support.

"Even if the allegations made by the applicant were considered not to be in accordance with the truth, it is unacceptable for the Penal Institution administration to prevent these allegations from being delivered to civil organizations and public authorities operating in the field of human rights." (AS/VK)