Published on 5 February 2024
SECOND SECTION
Application no. 49662/22
Mustafa KOCA against Türkiye
and 3 other applications
(see list appended)
communicated on 17 January 2024
SUBJECT MATTER OF THE CASE
The applications concern the refusal of the prison authorities to allow the applicants, who were detained at the time of the events, to purchase certain newspapers through the prison administration.
The authorities dismissed the applicants’ requests on the grounds that pursuant to section 62(4) of Law no. 5275 on the enforcement of sentences and preventive measures, the newspapers in question were not permitted in penitentiary institutions, as they were not allowed to publish official announcements and advertisements through the Press Advertisement Institution (Basın İlan Kurumu).
The applicants complain of a violation of Article 10 of the Convention.
QUESTIONS TO THE PARTIES
1. Has there been an interference with the applicants’ freedom of expression, in particular their right to receive information and ideas, within the meaning of Article 10 § 1 of the Convention, on account of the prison authorities’ refusals (see Mehmet Çiftci v. Turkey, no. 53208/19, §§ 32-33, 16 November 2021, and Osman and Altay v. Türkiye, nos. 23782/20 and 40731/20, §§ 40-41, 18 July 2023)?
2. If so, was that interference prescribed by law and necessary in terms of Article 10 § 2? In particular, and bearing in mind also the considerations outlined in the Constitutional Court’s relevant case-law (see Mustafa Koca, no. 2021/38039, 26 July 2022), did the national authorities and courts adequately balance the applicants’ right to freedom of expression against other interests at stake in accordance with the principles enshrined in Article 10 of the Convention (see Mehmet Çiftci, §§ 35 et seq., and Osman and Altay, §§ 43 et seq., both cited above)?
The Government are invited to provide information as to the reason why the newspapers in question were not allowed to publish official announcements and advertisements through the Press Advertisement Institution.
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Represented by
1.
49662/22
Koca v. Türkiye
14/10/2022
Mustafa KOCA
1990
2.
2216/23
Arı v. Türkiye
05/01/2023
Mehmet ARI
1965
A.Ş. ARI
3.
4504/23
Eviz v. Türkiye
06/01/2023
Burhan EVİZ
1980
4.
11757/23
Çilkız v. Türkiye
28/02/2023
Reşit ÇİLKIZ
1981