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'The prison administration interfered in everything, but the sexual life of birds. They are now interfering in that as well. In October, I submitted a request to buy a hen [female bird]. After some time, they came to me and said, 'Breeding hens has been banned.' In explaining the reason for the ban, the officer referred to the mating of birds. They have decided to allow only the cocks [male birds] to stay in the same cage!"
In his letter to bianet from the Van High-Security Prison, inmate Mecit Şahinkaya has recounted how they are prevented from breeding the birds that they want in prison and how the Constitutional Court verdicts are overlooked by the prison administration:
"Prevented from receiving the Yürüyüş magazine when he was held in Kocaeli No. 1 Type F Prison, inmate Murat Kaymaz appealed to the Constitutional Court and the court ruled that the ban should be lifted.
"Based on this verdict, Kocaeli Judgeship of Execution sent the magazine to Van Prison that Kaymaz has been referred to. However, the administration of Van Prison has not implemented the verdict, decided to ban the magazine and has not given it to Kaymaz."
The magazine that Murat Kaymaz has been striving to read is from the year 2015, because the above judicial process took four years.
Judgeship of execution also said 'not objectionable'
In 2015, Kaymaz was held in Kocaeli No. 1 Type F Prison as a convict of "being a member of a terrorist organization." In its decision dated May 7, 2015, the Educational Board of the Penal Institution decided that the issue no. 2015/467 of Yürüyüş magazine would not be given to Kaymaz.
Kaymaz appealed to Kocaeli Judgeship of Execution against this decision, the judgeship accepted the appeal and the ban was lifted. In its verdict, the judgeship indicated that "there were no records suggesting that the magazine was banned by courts and the magazine did not have any content that was obscene or could pose a risk to the institution's security."
However, Kocaeli Chief Public Prosecutor's Office objected to this verdict. Considering the objection of the prosecutor's office, Kocaeli 2nd Heavy Penal Court found the objection justified and banned the magazine.
In response, Murat Kaymaz made an individual application to the Constitutional Court on July 20, 2015.
Constitutional Court: No relevant, sufficient reason
The Constitutional Court announced its verdict on Kaymaz three years later on March 21, 2018 and ruled that the ban in question violated his freedom of expression guaranteed by the Article 26 of the Constitution. In its verdict, the supreme court underlined that the ban was imposed "without showing any relevant or sufficient justification as required in democratic societies."
Based on this verdict, Murat Kaymaz requested that the prison administration in Van give him the magazine. However, the prison administration banned the magazine again on November 14, describing it as "objectionable". Kaymaz has not yet received the magazine.
BirGün, Yeni Yaşam newspapers 'objectionable' as well
"You can find our report on rights violations attached. We want to share the usurpation of rights that we suffered in November and could gather with limited opportunities ", Şahinkaya has said in his letter and referred to other bans in prison in following words:
"Murat Kaymaz is a subscriber to daily BirGün. One day, he was given the daily with a news on prisons cut off. His appeal to Van Judgeship of Execution about it was found justified, but the news in question has not been given to him despite this court verdict.
"For months, Yeni Yaşam and Yeni Asya newspapers have not been arbitrarily sold, either. Inmates' appeal against it was again accepted by Van Judgeship of Execution; however, the verdict of the court is not put into effect by the prison administration and the ban is still in effect."
Letter critical of the ruling AKP banned as well
In his letter, Şahinkaya has also referred to other remarks found "objectionable" by the prison administration:
"The letter of inmate Taner Korkmaz to the daughter of his paternal uncle was found 'objectionable' as there were remarks critical of the AKP. His appeal against this decision was considered within the frame of 'right of criticism' by the Van Judgeship of Execution and the ban was lifted. But, the letter has not been sent yet though it has been a month since then.
"Another letter sent to Taner Korkmaz has also been banned on unfounded allegations of 'targeting the government and propagandizing'." (AS/SD)
