Censored prison letter: Judgeship says accusing police of torture is a Constitutional right

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"Anyway, police officers practice torture because their salaries are low and judges acquit torture because of their lack of education and ignorance. It's not the policy of the ruling power but individual cases, should we believe that?"

An appeal by imprisoned lawyer Engin Gökoğlu against the censorship of his letter, which also contains the lines above, has been accepted by the Tekirdağ 2nd Judgeship of Execution.

Many sentences in the letter he sent to his spouse Meral Yıldırım-Gökoğlu was scribbled as per a decision by the Prison Administration Disciplinary Board.

In its verdict, the judgeship said, "It has been determined that he made a general statement of opinion by using heavy criticism and an exaggerated language in reference to the Human Rights Action Plan announced by the state."

The reason for censorship

Four articles written by Gökoğlu with a humorous style were previously published on bianet.

In the decision of censorship, it was said that "Even if it was a message that he wanted to send to his spouse, there is a possibility that the exaggerated expressions used in it can cause reactions among some segments, considering that his previous letters were published in the written and visual media ... and therefore the wide audience that the letter can reach."

The judgeship said decisions of censorship should be explained on reasonable grounds, citing Constitutional Court and ECtHR judgments and the prison administration did not do so.

The Disciplinary Board did not mention which expressions in the letter would cause panic among people and institutions, in which topics the applicant gave false information and which sentences in the letter were intended to be "organizational communication."

Violation of freedom of communication

The censorship order violated freedom of communication, which is guaranteed in article 22 of the Constitution, the judgeship ruled.

"In the Disciplinary Board's Decision of Examination of an Objectionable Letter dated March 18, 2021, the applicant's freedom of communication, which is guaranteed in article 22 of the Constitution, is violated as reasonable requirements based on concrete information for the protection of the public order, prevention of a crime and ensuring discipline and security in the penal enforcement institution were not put forward and it was decided that the letter to be sent to its addressee as it is."

After the decision, the letter was sent to Meral Yıldırım-Gökoğlu without being censored.

The censored parts

Here are some parts of the letter that were censored:

"Not the government policy, but individual cases. Should we believe that?"

"Judges and Prosecutors will have deputies. They already have. What do police officers do? They are assigned for many warrants of search, roundup and arrest.

"Statute of limitations will be lifted in disciplinary investigations concerning allegations of torture. Today, strip search practices are defended by the ruling power and the practice of handcuffing behind the back has become widespread. Handcuffing behind the back is a method of torture, it is Palestinian hanging. All detentions are made this way. Therefore, zero tolerance for torture is nothing but words.

"Judges, prosecutors and security officers will be regularly trained for criticism and expression of thoughts not to be subject to investigation. Anyway, police officers practice torture because their salaries are low and judges vindicate torture because of their lack of education and ignorance. It's not the policy of the ruling power but individual cases, should we believe that?"

"Aren't people detained by being tortured?"

"It is said that taking testimonies can now be done 7 days 24 hours. While what they mean here are warrants for taking a statement, police have been exercising this 'right' recklessly in every field for years.

"Aren't people detained by their doors being broken, their homes being raided, by being tortured? Weren't thousands of people subjected to similar applications for posting a tweet?

"Trustee rector Melih Bulu"

Human rights monitoring committees will be set up at prisons. Bar associations, representatives from universities will be on these committees. What is meant by bar associations is probably the no. 2 bars, which were established by the government, legionnaire lawyers like Metin Feyzioğlu, and representatives like trustee rector Melih Bulu.

"At prisons where books and magazines are banned, where there is every kind of arbitrariness and unlawfulness, where there has been the most severe isolation since 2000, no right usurpation of rights can be prevented.

"We have been saying since forever that no problems can be solved without committees that include representatives of political prisoners, institutions that represent their families, their lawyers and independent physicians."

What happened?

The sentences in many parts of the letter were scribbled in black as per the "Prison Administration Disciplinary Board's decision dated 18.03.2021 and numbered 2021/231.

The reason was "Even if it was a message that he wanted to send to his spouse, it may be published in press organizations, there was an example of this before, an order for scribbling should be given in case of indignation." (AS/VK)