Constitutional Court: Indefinite Telephone Ban Violates Freedom of Communication

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The Constitutional Court has announced its justified ruling on Veysi Aktaş, a convict held in İmralı Prison.

As per the justified ruling published on the Official Gazette today (March 7), the Constitutional Court has ruled that the freedom of communication of Aktaş, who was banned from making phone calls, has been violated. Accordingly, Aktaş will be paid 4 thousand Turkish Lira (approx. 650 Euro) in non-pecuniary damages in addition to court expenses.

However, the court has not found any violations in the application of inmate Nasrullah Kuran, who was prevented from using his right of visitation.

Kurdistan Workers Party (PKK) leader Abdullah Öcalan, who has also been held in İmralı Prison, has not been allowed to meet his attorneys since 2011. Öcalan's brother Mehmet Öcalan visited him on January 12, 2019. The last time Öcalan could meet his brother was in September 2016.

Peoples' Democratic Party (HDP) Hakkari MP and Democratic Society Congress (DTK) Co-Chair Leyla Güven has been on the 120th day of her hunger strike, which she started with the demand that "the isolation on PKK leader Abdullah Öcalan should be lifted."

Reason: He makes meetings with Öcalan

Veysi Aktaş was arrested in İmralı Type F High Security Closed Prison on charges of "attempting to separate a part of the land under the sovereignty of the state from state administration, being a member of an armed terrorist organization, aiding and abetting the members of the organization."

With a decision dated June 29, 2015, Aktaş was banned from making phone calls. In the justification of the decision, it was stated that "he was held in the Penal Institution on charge of membership of an armed terrorist organization and should be classified as a dangerous convict."

It was also indicated in the justification of the decision that he "made meetings with other members of the organization and Abdullah Öcalan three times a week." After this decision was issued, Aktaş and other inmates could not use their right to make phone calls for a year.

After his objections to this decision were rejected by Bursa 1st Judgeship of Execution on July 30, 2015 and by Bursa 2nd Heavy Penal Court on August 21, Aktaş appealed to the Constitutional Court on September 21, 2015.

Constitutional Court: Ban is disproportionate

In his application, Aktaş stated that the principle of equality, the right of respect to private and family life and his freedom of communication and expression had been violated by the ban in question.

Examining the application of Veysi Aktaş, the Constitutional Court has ruled that his freedom of communication as guaranteed by the Article 22 of the Constitution has been violated.

In the justification of the ruling, it has been stated,

"The related decision preventing Aktaş from making phone calls was implemented for a long time without applying a time limit and without making a regular reexamination based on recent information and documents to see if the conditions leading to the punishment were still in existence.

"Accordingly, it has been concluded that this ban is disproportionate and does not comply with the principle of equality." (AS/SD)