Events
The applicants, who were detained or sentenced to prison for terrorist crimes in the penal institution, went on a hunger strike with similar petitions and generally on the grounds that the leader of the terrorist organization was held in isolation. These actions were carried out on close dates to each other, and some applicants even carried out the action more than once on differenthe applicants, who were detained or sentenced to prison for terrorist crimes in the penal institution, went on a hunger strike with similar petitions and generally on the grounds that the leader of the terrorist organization was held in isolation. These actions were carried out on close dates to each other, and some applicants even carried out the action more than once on different dates. Thereupon, the penal execution institution initiated a disciplinary investigation against the applicants and other prisoners. As a result of the disciplinary investigation, it was decided to impose a disciplinary punishment of placing the applicants in a cell on the grounds that they committed the disciplinary action of carrying out propaganda activities of criminal organizations. The applicants filed a complaint with the enforcement court against theses a result of the disciplinary investigation, it was decided to impose a disciplinary punishment of placing the applicants in a cell on the grounds that they committed the disciplinary action of carrying out propaganda activities of criminal organizations. The applicants filed a complaint wiAs a result of the disciplinary investigation, it was decided to impose a disciplinary punishment of placing the applicants in a cell on the grounds that they committed the disciplinary action of carrying out propaganda activities of criminal organizations. The applicants filed a complaint with the enforcement court against these punishments. The execution judge’s office decided to accept the applicants’ complaint and to remove the disciplinary penalties. The chief public prosecutor’s office has appealed against the decisions of the execution judge. The high criminal court has decided to accept the appeal and annul the decisions.
The Allegations
The applicants alleged that their freedom of expression had been violated due to the disciplinary punishment imposed in connection with the hunger strike they had carried out at the prison.
The Court’s Assessment
Considering that the prisoners participating in the action in the concrete incident are convicted or imprisoned for terrorist crimes and are collectively on hunger strike for a matter that does not concern their personal situation, the undisputed symbol for the existence, goals and actions of the terrorist organization in question is the action that takes place around the name of a person and strengthens organizational motivation, glorifies the founder of the organization, it was assessed that the organization and its founder are related to an activity aimed at announcing the name of the person in the execution facility and other people to whom information about the hunger strike can be transmitted, and spreading the meanings implied by this person’s name.t was assessed that the organization and its founder are related to an activity aimed at announcing the name of the person in the execution facility and other people to whom information about the hunger strike can be transmitted, and spreading the meanings implied by this person’s name. Therefore, it has been concluded that the evaluation of the criminal organizations’ propaganda activities does not involve arbitrariness and that there is a legal basis for disciplinary punishment against the applicants in this context.
On the other hand, the fact that prisons are special areas under the control of the state, therefore the state has an obligation to protect the safety and health of those in this institution and to establish discipline, results in the fact that convicts and detainees do not have the freedom to act as they wish in prisons. As in the concrete case, it is clear that hunger strike actions carried out by large groups will require a series of non-routine measures in the field of health and security and will prevent the maintenance of an orderly life in penal institutions.s in the concrete case, it is clear that hunger strike actions carried out by large groups will require a series of non-routine measures in the field of health and security and will prevent the maintenance of an orderly life in penal institutions. Therefore, it should be considered reasonable to intervene in such actions in order to restore the broken order in the penitentiary institution and prevent hunger strikes from being carried out continuously.
As a result, when the reasons put forward to justify resorting to an exceptional way such as going on hunger strike were evaluated together, it was concluded that the applicants did not act in accordance with the responsibility required by being in a penal institution.s a result, when the reasons put forward to justify resorting to an exceptional way such as going on hunger strike were evaluated together, it was concluded that the applicants did not act in accordance with the responsibility required by being in a penal institution. Dec Jul It was concluded that the punishment given to the applicants fulfilled a mandatory need and that the balance between the expected benefit from the hunger strike and the provision of discipline in the penitentiary institution was achieved. On the other hand, when evaluated together with the share of appreciation of the penitentiary institution administration, it was accepted that the disciplinary punishment of putting the applicants in a cell for their actions was also proportionate, and for these reasons, the intervention was not contrary to the requirements of the democratic social order.he other hand, when evaluated together with the share of appreciation of the penitentiary institu