Not Permitted to Attend His Father’s Funeral, Inmate to be Paid Damages

Announcing its ruling on inmate Resul Kocatürk, who was not permitted to attend his father’s funeral, the Constitutional Court has concluded that his “right to respect for private and family life” has been violated.

İstanbul

Not Permitted to Attend His Father’s Funeral, Inmate to be Paid Damages

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The Constitutional Court has announced its ruling on the application of Resul Kocatürk, who was not permitted to attend his father's funeral while was held in Kırıkkale Type F High-Security Prison. The Court has concluded that his "right to respect for private and family life" has been violated. Accordingly, Kocatürk will be paid 5,500 Turkish Lira (TRY) in damages.

The Constitutional Court has announced its ruling in following words:

"In the concrete case, the Public Prosecutor's Office replied the request of the applicant three days later. The fact that the funeral had been held cannot be deemed a valid ground for the delay in meeting the demand of the applicant who was grieving for his father's loss.

"On the other side, the Public Prosecutor's Office could not prove that it displayed the due diligence in ensuring that the applicant could attend the condolence or used alternative means to appoint the relevant personnel. Presented as a justification, the high number of patients to be referred cannot be based on concrete facts and incidents either. Therefore, the reason of delay in replying the applicant's sensitive and urgent request for permission cannot be understood from the Public Prosecutor's decision."

Underlining that "the applicant was deprived of his opportunity to accept the condolences and support his family due to the failure of the state authorities to take a decision in due time and to make the necessary organization", the Court has concluded the the late response to and the ultimate rejection of his request have violated his right to respect for private and family life.

What happened?

Held in Kırıkkale Type F High-Security Prison, Resul Kocatürk applied to the Chief Public Prosecutor's Office, expressing his request to attend the funeral of his father who lost his life on April 5, 2016.

Responding to the request of Kocatürk three days later, the Chief Public Prosecutor's Office rejected his request on the ground that "the burial had taken place and there was a lack of personnel."

In response, Kocatürk made an individual application to the Constitutional Court via his attorneys on April 25, 2016.

In his application, Kocatürk indicated that his request for accepting condolences was not heeded and his right to respect for private and family life was violated. (RT/SD)