Constitutional Court: Magazine Ban in Prison Violates Freedom of Expression

The Constitutional Court (AYM) ruled that the ban Kocaeli No. 2 F-Type High Security Penal Institution imposed on “Demokratik Modernite” [Democratic Modernity] magazine sent to an inmate via mail is a violation of freedom of expression.

The Court wrote that there needs to be a limit to limiting freedom of expression.

Justification for ban: “Prison safety”

Kocaeli No. 2 F-Type High Security Penal Institution inmate İbrahim Bilmez was not delivered a “Demokratik Modernite” magazine sent to him by mail, due to a decision by the Board of Education.

The Board of Education justified the ban stating: “The magazine cites banned books of Abdullah Öcalan’s, and writes of Öcalan and the organization [Kurdistan Workers’ Party or the PKK] in a laudatory and legitimizing way.”

İbrahim Bilmez applied to the Constitutional Court claiming his constitutional rights were violated, after his objections directed to Kocaeli Enforcement Judicature and court were rejected.

“Concrete risks not understood”

The Constitutional Court declared their verdict about the quarterly journal today in the Official Gazette. The Court stated: “It is not understood what sort of concrete risks and dangers in terms of institution safety led to the confiscation of the magazine.”

“It was decided that the access ban on the magazine, and thereby the restriction imposed upon the applicant’s access to news or ideas are not in accordance with democratic social order and not proportionate with legitimate purposes,” read the declaration. (BK/PU)

Click here to read this article in Turkish.