ECtHR Ruling on ‘Right to Education in Prison’ After 13 Years

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Mehmet Reşit Aslan, who was a senior medical student at when he was convicted, and convict Orhan Bingöl, who was also a university student, appealed to the European Court of Human Rights (ECtHR) 13 years ago, expressing their wish to use computers in prison to continue their higher-education studies. The court concluded their appeal today (June 18). 

The ECtHR has concluded that the right to education of two inmates has been violated; however, it has not ruled for any pecuniary or non-pecuniary damages as the applicants did not express a request for compensation.

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He was a student at Medical Faculty

While one of the applicants Mehmet Reşit Arslan was sentenced to life imprisonment in 1992, Orhan Bingöl was given a life sentence in 1995.

On March 13, 2006, Arslan applied to the administration of İzmir Type F Prison, expressing his wish to use an internet-enabled computer in prison.

The Law no. 5275 on the Execution of Sentences and Security Measures provides that prisoners could use computers with supervised Internet access in specific rooms and in the context of rehabilitation or training courses. However, these rights could be restricted when it is deemed dangerous or when the ones convicted of terror charges are in question.

The request submitted by Arslan was denied on the ground that he "maintained links inside the prison with other inmates belonging to the same illegal organization and that he had not enrolled in any training course."

In response, Arslan appealed to the court of execution, stating that prior to his conviction, he was a final-year medical student and he wished to have access to audiovisual materials in order to pursue his studies. He also offered to pay for the necessary equipment from his own funds.

Evaluating his appeal, the court of execution rejected the application of Arslan. Objecting to this rejection at the Heavy Penal Court, Arslan's application was rejected again. The Heavy Penal Court ruled that the court's ruling "had not been in breach of the procedure or the law."

Arslan made a similar application at the Bolu Type F Prison, which he was referred to afterwards. However, he was faced with a similar process, which ended in the rejection of his request.

Different prisons, same judgement

Imprisoned in Kocaeli Type F Prison, Orhan Bingöl also applied to the prison administration on August 1, 2006, expressing his wish to use a computer. However, his request was also rejected first by the prison administration, then by the judgeships and courts that he appealed to.

Both convicts applied to the ECtHR in 2006, stating that their right to education as guaranteed by the Article 2/1 of the European Convention on Human Rights (ECHR) had been violated.

Announcing its judgement today, the ECtHR has concluded that the right to education of two convicts has been violated. (AS/SD)