The Constitutional Court has ruled that the confiscation of a radio and the imposition of solitary confinement on a prisoner convicted of "terror" charges constituted a violation of freedom of expression.
The court found that prison authorities at Marmara No. 5 Type-L Closed Prison violated Murat Bal’s rights by seizing his radio on the grounds that it was allegedly used as a “tool of organizational communication.”
The decision stems from a search conducted on Sep 24, 2021, during which Bal’s AM radio was confiscated. He was subsequently sentenced to 11 days in solitary confinement by the prison’s disciplinary board.
Radios were sold within prison
Bal challenged the punishment, arguing that the radio had been gifted to him by a previously released prisoner and that the AM frequency did not work. He also pointed out that radios operating on various frequencies were sold within the prison. Despite this, prison authorities classified the device as a communication tool linked to organizational activity and imposed the disciplinary sanction.
The Silivri Judgeship of Penal Enforcement rejected Bal’s appeal, citing alleged intelligence that some local radio broadcasts near prison facilities, or unauthorized transmissions on those frequencies, had previously been used to deliver motivational or organizational messages to inmates convicted of terrorism-related offenses.
After the judgeship’s rejection was upheld by the Silivri 1st Heavy Penal Court, Bal filed an individual application with the Constitutional Court through his lawyer on Feb 10, 2022.
Separately, the prison administration filed a criminal complaint against Bal for allegedly possessing prohibited items. An indictment was prepared by the Silivri 7th Penal Court of First Instance, which ordered an expert examination of the radio. The assessment concluded that only the FM band of the device was functional, and as a result, the court acquitted Bal of the charges, ruling that the elements of the alleged offense had not been established.
In its ruling, the Constitutional Court concluded that Bal’s right to freedom of expression under Article 26 of the Constitution had been violated. The court ordered the case to be sent back for retrial and awarded Bal 10,000 liras in compensation. (AB/VK)
