Constitutional Court orders compensation for violating prisoner's communication rights

Ahmet Nail Şen, serving a custodial sentence in Bartın Closed Prison, claimed in his individual application that despite submitting the necessary documents, he was not allowed a phone call with his lawyer, alleging a violation of his right to fair trial and freedom of communication.

The Constitutional Court examined the application concerning the freedom of communication and concluded that the inmate's right, protected by Article 22 of the Constitution, had been violated.

According to the reasoned decision published in today's Official Gazette, Şen will receive a compensation of 18,000 Turkish Liras.

Background

Ahmet Nail Şen was detained in Bartın Closed Prison for the crime of intentional injury.

He requested a phone conversation with another lawyer authorized by his attorney.

His request included a power of attorney issued in the name of his primary lawyer, a power of attorney prepared for the lawyer he intended to communicate with, and the invoice for the mobile phone line used by this lawyer.

The request for a phone call was rejected by the Prison Administration's Board of Directors (İdare ve Gözlem Kurulu) on February 20, 2019, citing that phone conversations were not allowed between detainees/prisoners and their lawyers.

Şen appealed this decision, which was accepted by Bartın Enforcement Court (İnfaz Hâkimliği), leading to the annulment of the Board of Directors' decision. The Enforcement Court emphasized the applicant's right, within the scope of freedom of communication, to have a phone conversation with his lawyer.

The Prosecution Office in Bartın objected to the Enforcement Court's decision. After reviewing the objection, the Bartın Heavy Penal Court ruled in favor of the objection, stating that there was another power of attorney issued for a different lawyer in the case file, and the applicant did not submit a power of attorney specifically for the lawyer he intended to communicate with.

Upon receiving the final decision on March 13, 2019, Şen lodged an individual application with the Constitutional Court. (AS/VK)