Law Put Aside Upon the Instruction of Ministry

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An inmate from Kocaeli No. 1 Type F Prison has sent a letter to the Civil Society in the Penal System (CİSST) Association and recounted how his struggle for listening to radio in prison has ended.

İ.Y. bought a radio which was adjusted according to the rules of the prison. However, his radio was seized and when he wanted it back, he was told that he could not take it back upon the instruction of the ministry.

İ.Y. appealed to the Kocaeli Judgeship of Execution against this decision. The judgeship found the decision of the prison administration justified. In other words, though İ.Y. was entitled by the law to have and listen to a radio in prison, has has been deprived of this right.

The Article 67/1 of the Law on the Execution of Sentences and Security Measures stipulates the following: "In the event that penal institutions have a central broadcasting system, the convicts have the right to follow the radio and television broadcasts connected to this system".

'We bought it from the prison canteen'

İ.Y. has addressed two separate letters to the CİSST Association and recounted what he went through to have a radio in prison:

"Our radios were seized in a surprise search in May. After we objected, they told us, 'They will be checked, those with FM bands will be returned'. But, they were not returned. In a meeting with the director, we were told that it was done upon an instruction given by the ministry. But, the document of the instruction was not shown. We, in fact, bought the radios with our own money from the canteen inside the [penal] institution. They had already been checked and all broadcast bands except for FM bands had been cancelled.

"The seizure of our radios in spite of all these quite openly means that our right to communication has been usurped. The Article 67* of the Law no. 5275 defines it as such. When this article is read carefully, it will be seen that there is not provision foreseeing a ban on radio use." (Letter dated July 15)

"Our right to benefit from radio and television broadcasts has been usurped upon the instruction of the Ministry of Justice and confirmed by the Judgeship of Execution.

"Just a couple of days ago, we learnt that we are faced with just another unlawfulness: Ban on books. Till today, we could receive books through our families, lawyers and in boxes. However, it will no longer be possible.

"When our lawyers who wanted to leave books for use were faced with that, they were attempted to be convinced with a single-sentence Constitutional Court verdict!" (Letter dated August 24)

'He is legally entitled, but the Ministry has banned it'

In its verdict dated August 22, 2019, the Kocaeli Judgeship of Execution has concluded that "convicts are legally entitled to use the radios that they buy from prison; however, the prison administration followed the instruction of the ministry and seized the radio". The court has further indicated that the practice in question "does not have any contradiction to law" (AS/SD)