DistantNews
Support us
Turkish court rules prisoner's freedom of expression violated over beaded bracelet
๐Ÿ‡น๐Ÿ‡ท Turkey /Crime & Justice

Turkish court rules prisoner's freedom of expression violated over beaded bracelet

From Cumhuriyet · () Turkish

Translated from Turkish, summarized and contextualized by DistantNews.

At a glance

News Sources not specified Outcome reported
  • The Turkish Constitutional Court ruled that a prisoner's freedom of expression was violated when he was not allowed to give a bracelet made of yellow, red, and green beads to his visitor.
  • The court ordered the prisoner to be paid 20,000 lira in non-pecuniary damages and for his case to be retried.
  • The prisoner had argued that the restriction on the bracelet, which he stated carried cultural significance, was an arbitrary denial of his right to express himself.

The Turkish Constitutional Court has ruled that a prisoner's freedom of expression was violated by prison officials who denied him the right to give a handmade bracelet to his visitor. The bracelet, made of yellow, red, and green beads, was deemed an expression of the inmate's feelings and cultural significance.

The court ruled that Tufan ฤฐlbaลŸ's freedom of expression was violated.

โ€” Constitutional CourtRuling on the case of Tufan ฤฐlbaลŸ, who was denied giving a handmade bracelet to his visitor.

Tufan ฤฐlbaลŸ, an inmate at the TekirdaฤŸ No. 2 F-Type Prison, had requested materials to make beaded bracelets. The prison's administration and observation board approved his request, recognizing the potential for hobby work to contribute to his personal and social development. However, when ฤฐlbaลŸ attempted to give a bracelet made with yellow, red, and green beads to his visitor in July 2022, prison authorities prohibited its removal from the facility.

ฤฐlbaลŸ filed a complaint after his request for an explanation was ignored. He argued that the restriction was based solely on the colors of the bracelet. Initially, the Infaz HakimliฤŸi (Execution Judgeship) dismissed his complaint, stating that the prison's action was lawful. ฤฐlbaลŸ appealed this decision, asserting that the prison had provided misleading information and that the restriction was arbitrary. His appeal was rejected by the Heavy Penal Court.

The expression of thought and dissemination of thought can be protected by various means, including speech, writing, pictures, or other ways.

โ€” Constitutional CourtExplaining the scope of freedom of expression under Article 26 of the Turkish Constitution.

Ultimately, the Constitutional Court found that the restriction infringed upon ฤฐlbaลŸ's freedom of expression. The court cited Article 26 of the Constitution, which broadly protects the means of expressing thoughts, including "other ways" beyond speech and writing. The court concluded that the handmade bracelet, representing the inmate's feelings and cultural expression, fell under this protection. Consequently, the court awarded ฤฐlbaลŸ 20,000 lira in non-pecuniary damages and ordered a retrial.

The restriction imposed on the handmade work, which the prisoner stated expressed his feelings with colors of cultural importance, should be evaluated within the scope of freedom of expression.

โ€” Constitutional CourtJustification for ruling in favor of the prisoner's freedom of expression claim.
DistantNews Editorial

Originally published by Cumhuriyet in Turkish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

More Stories

From Our Blog