AYM: Blocking Prisoner’s Fax is Violation of Freedom of Information

Constitutional Court has ruled that freedom of information of Musa Kaya, whose fax containing his opinion piece on solution process sent from prison to a newspaper, has been violated.

Ayça Söylemez

AYM: Blocking Prisoner’s Fax is Violation of Freedom of Information

Constitutional Court has concluded the appeal of Musa Kaya whose fax containing his opinion piece on solution process sent from Kırıkkale F-Type prison to a newspaper. Preventing the fax from being sent has been interpreted as “violation of freedom of information”.

Kaya will be paid compensation of 480 euros (1,500 TL).

Solution process also known as the Kurdish–Turkish peace process, is an ongoing peace process, which aims to resolve the Kurdish–Turkish conflict. The conflict has been ongoing since 1984 and resulted in some 40,000-100,000 mortal casualties.

Though there was a unilateral cease-fire between 1999 and 2004, the sides failed to gain understanding. The 2013 truce was working until September 2014, when it ended due to spillover of the Syrian Civil War.

Source: Wikipedia

President of Human Rights Association (İHD) Öztürk Erdoğan speaking to bianet as to a similar verdict of the Constitutional Court had said, “Thought it has been received via individual appeal, decisions of the Constitutional court are binding and set a precedent”.

He had written on solution process

Musa Kaya was committed to prison by Erzincan State Security Court (DGM) for “trying to separate some part of the land that is under state sovereignty”.

Kaya sent a fax titled “Hudeybiye Köyü-İmralı Adası* (Hudeybiye Village-İmralı Prison)” from Kırıkkale F-Type prison to be published in the forum page of a newspaper.

He wrote his opinions in the text sent via faxing.

Prison found the fax “inconvenient”

Prison Disciplinary Committee decided to not let the fax be delivered for “containing promoting and complimentary expressions devoted to a certain organization”.

Kaya submitted an individual appeal to the Constitutional Court on March 28, 2013 saying the letter was a “political article” after his objection to court was overruled.

“Public authority cannot arbitrarily intervene in”

The court ruled today that “Freedom of information secured by Article 22 of the Constitution was violated”.

“European Court of Human Rights (ECtHR) as well reminds that freedom of information is secured by Article 8 of European Convention of Human Rights.

“Preventing public authorities from arbitrarily intervening in individual’s freedom and privacy of information is within the scope of assurances ensured by Constitution and Convention”.

The decision noted that conditions necessitating limitation should be “grounded on a legal and legitimate purpose”. (AS/TK)

*İmrali island is where Kurdistan Workers' Party (PKK) Leader Abdullah Öcalan is imprisoned.

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Ayça Söylemez

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Boğaziçi Üniversitesi Felsefe Bölümü mezunu. Mimar Sinan Güzel Sanatlar Üniversitesi Sosyoloji bölümünde yüksek lisans yaptı. Marmara Üniversitesi İletişim Bilimleri’nde doktora yapıyor. Vatan, Akşam, HaberTürk ve Hürriyet gazetelerinin yazıişleri ve dış haberler bölümünde çalıştı. Güncel Hukuk dergisinde yazıları yayınlandı. BirGün’de Anonim adlı köşeyi yazıyor. 2011’den bu yana bianet’te İnsan Hakları Editörü.