Published on 12 April 2021
SECOND SECTION
Application no. 30016/20
Davut ŞEN against Turkey
and 28 other applications
(see list appended)
communicated on 22 March 2021
SUBJECT MATTER OF THE CASE
The applications concern the applicants’ conditions of detention.
Invoking Article 3 of the Convention, the applicants complained of the overcrowding in prisons and the surrounding conditions, such as having their mattresses on the floor, the lack of hygiene, insufficient ventilation and insufficient number of toilets.
In applications nos. 30016/20 Şen, 44124/20 Altun, 44134/20 Ergitürk, the applicants also complained under Article 8 of the Convention about the refusal of setting the visiting day for the weekend whereas the applicants had children at school age. In application no. 52276/20 Gök, the applicant also complained under Article 8 of the prohibition laid down on the visits of his stepmother on the grounds that family visits are limited to blood relatives. In application no. 44267/20 Ensaroğlu, the applicant also complained under Article 8 of the electronic storage of his private letters in the National Judicial Network Server (UYAP).
QUESTIONS TO THE PARTIES
1. Have the conditions of the applicants’ detention, in particular, the personal space in view of the number of prisoners placed in the same multi-occupancy units, alleged lack of hygiene and ventilation, mattress on the floor on a rotational basis, insufficiency of hot water, limited number of toilets, limited collection of trash to three times a week amounted separately or cumulatively to inhuman or degrading treatment in breach of Article 3 of the Convention (see Muršić v. Croatia [GC], no. 7334/13, §§ 136-140, 20 October 2016; Rezmiveș and Others v. Romania, nos. 61467/12 and 3 others, §§ 71-79, 25 April 2017; and Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 139-159, 10 January 2012. For application nos. 54772/20 Şengül comprising passive smoking allegations, see Florea v. Romania, no. 37186/03, §§ 57-65, 14 September 2010)?
The Government are invited to submit information and documents stating the conditions of detention at the prisons where the applicants are/were being held. This information should in particular demonstrate the following:
-period, surface and capacity of the units in which the applicants were held and the number of detainees in them,
-description, dimensions and number of windows in units and the possibility for detainees to open them;
-surface of the outdoor area and daily time frame in which access to the outdoor area was allowed;
-number of toilets and showers in the units;
-the availability of additional toilets and showers during outdoor time or activities;
-the limitations regarding access to toilets and showers and the availability of hot water;
-the regulation on the cleaning of the premises, weekly frequency of collection of trashes and availability of cleaning materials/products to detainees;
-category and number of social/cultural/sportive activities allowed during the detention of the applicants.
The Government are also invited to fill in the appended table per applicant. Additional lines should be added in cases in which an applicant was held in multiple prisons or in multiple units in the same prison.
2. For applications nos. 30016/20 Şen, 44124/20, Altun, 44134/20 Ergitürk only: Has there been an interference with the applicants’ right to respect for their family life within the meaning of Article 8 § 1 of the Convention on account of the visiting day which was not set for the weekend whereas the applicants had children at school age? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 (for similar considerations, see Petukhov v. Ukraine (no. 2), no. 41216/13, §§ 153, 187, 188, 12 March 2019, and Kitiashvili v. Georgia, no. 37747/08, § 54, 23 November 2017)?
3. For application no. 52276/20 Gök only: Has there been an interference with the applicants’ right to respect for his family life within the meaning of Article 8 § 1 of the Convention in view of the prohibition laid down on the visits of his stepmother on the grounds that family visits are limited to blood relatives? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?
4. For application no. 44267/20 Ensaroğlu only: Has there been an interference with the applicants’ right to respect for their private life and correspondence, within the meaning of Article 8 § 1 of the Convention in view of the registration and storage of his letters in the National Judicial Network Server (UYAP)? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?
In particular, the Government are invited to provide the following information:
- the reasons justifying the electronic recording and storage of the applicants’ private letters in the National Judicial Network Server,
- the persons and/or public authorities entitled to have access to these letters and the period of storage of these letters,
- whether there are appropriate safeguards to prevent any such disclosure of personal information that might be inconsistent with the guarantees of Article 8?
LIST OF APPLICATIONS
No.
Application no.
and date of introduction
Applicant
Year of Birth
Place of Residence
Represented by
Prison
Period of detention
(or date of imprisonment)
Main complaints
1
30016/20
24/06/2020
Davut ŞEN
1974
İzmir
İzmir T – 2
03/08/2016
Art 3: Overcrowding
Art 8: the applicants’ children at school age could not visit him as the periodic visiting day was set in a working day until 01/11/2019, date on which his visiting day was set for the weekend.
2
38031/20
14/07/2020
Abdülkadir CİVAN
1977
İzmir
Menemen T - İzmir T-2 (02/01/2017)
02/09/2016
Art 3: Overcrowding
3
40294/20
05/08/2020
Metin KOLOTOOĞLU
1984
İstanbul
Silivri L Type Prison
February 2017 – April 2018: Cell no. A-6
April 2018 – to date: Cell no. A-7
Art 3: Overcrowding, lack of hygiene, poor sanitary conditions, limitations on water, insufficient number of toilets and showers, insufficient aeration
4
40797/20
04/09/2020
Nuh UZUN
1988
Kahramamaraş
Ramazan DANIŞMAN
Gaziantep L Type Prison
31/03/2017 – 24/05/2017
24/06/2017 – 26/07/2017
Art 3: Overcrowding, poor sanitary conditions.
5
41743/20
21/08/2020
Mustafa İPEK
1977
İzmir
İzmir T-4
09/01/2017
Art 3: Overcrowding, mattress on the floor, poor sanitary conditions.
6
41780/20
15/09/2020
Bedretin ÇİÇEK
1981
Sanliurfa
Filiz ÇİÇEK
Şanlıurfa T Type
25/10/2016 - today
A3: Overcrowding, poor sanitary conditions
7
44124/20
25/09/2020
Abdulvaris ALTUN
1981
Osmaniye
Osmaniye T TYPE
19/10/2018
Art 3: Overcrowding.
Art 8: Visiting request for his school age children at the weekend.
8
44134/20
23/09/2020
Turgut ERGİTÜRK
1972
Çorum
Çorum L Type
08/11/2016
Art 3: Overcrowding, poor sanitary conditions
Art 8: Visiting request for the children at school age for the weekends.
9
44267/20
23/09/2020
Fatih ENSAROĞLU
1982
Ankara
Osmaniye T Type Prison
09/03/2017 - today
A3: Overcrowding, poor sanitary conditions
A8: private correspondence recorded to National Judicial Network Server (UYAP)
10
44525/20
24/09/2020
Enis Ulvi YAMAN
1975
Osmaniye
Osmaniye T-1
24/10/2017
Art 3: Overcrowding.
11
45065/20
16/09/2020
Yusuf ÖBEKCİ
1971
Çorum
Corum L Type Prison
the applicant was detained on 6/8/2016 and he is still detained pending trial
Art 3: Overcrowding, limited access to hot water, inadequate sanitary conditions, lack of hygiene.
12
45390/20
30/09/2020
Muhammed Hamza FESLİ
1992
Mersin
Tarsus 1 Nolu T Tipi
23/01/2020-date of transfer
Art 3: Overcrowding, mattress on the floor, lack of hygiene, insufficient number of toilets
13
45424/20
29/09/2020
Ali COŞKUN
1987
Osmaniye
Osmaniye T Type
19/10/2018
Art 3: Overcrowding.
14
45963/20
28/09/2020
Kenan TÜRK
1980
Osmaniye
Osmaniye T-1
27/09/2016
Art 3: Overcrowding.
15
48847/20
19/10/2020
Erhan BAĞCI
1988
Kahramanmaraş
Merve KUDAK
Adıyaman E Type Prison
06/03/2017 - to date
Art 3: Overcrowding, lack of hygiene
16
48849/20
22/10/2020
Mehmet İBRAHİMOĞLU
1989
Bursa
Kocaeli T Type Prison
24/04/2018 – to date
Art 3: Overcrowding, lack of hygiene.
17
49932/20
26/10/2020
Sait ŞAKIROĞLU
1981
Balıkesir
Bandırma Prison
22/05/2017
Art 3: Overcrowding, insufficient number of toilet and shower
18
49962/20
30/10/2020
Cengiz YETGİN
1983
Balıkesir
Gözde YETGİN
Kocaeli Kandıra Prison
31/03/2017-18/01/2019
Then he was transferred to Balıkesir Bandırma Prison
Art 3: Overcrowding, insufficient number of toilet and shower
19
50050/20
14/10/2020
Ali ARUKAN
1980
Çorum
Çorum L Type Prison
12/05/2016 - to date
Art 3: Overcrowding, insufficient number of toilet and shower
20
50206/20
07/10/2020
Mustafa KÖKSALAN
1972
Osmaniye
Osmaniye T Type Prison
September 2016 – to date
Art 3: Overcrowding, insufficient number of toilet and shower
21
50207/20
20/10/2020
Ali ERYILMAZ
1979
Kayseri
Kayseri T Type Prison
14 May 2018 – to date
Art 3: Overcrowding, insufficient number of toilet and shower
22
50797/20
16/10/2020
Hasan CAN
1970
Kilis
Sincan T (Ward A-16)
05/09/2016 – 10/02/2017
Art 3: Overcrowding, insufficient number of toilet and shower
23
51657/20
17/11/2020
Zekeriye ARSLANTÜRK
1968
Kocaeli
Hasan TOK
Kocaeli T-1
17/03/2017
Art 3: Overcrowding, insufficient number of toilet and shower
24
51991/20
08/10/2020
Aydın KAHVECİ
1981
Kocaeli
Cahit ÇİFTÇİ
Kocaeli T-2
since October 2016
Art 3: Overcrowding, insufficient number of toilet and shower
25
52276/20
05/11/2020
Veysal GÖK
1966
Osmaniye
Osmaniye T Type Prison
February 2017 – to date
Art 3: Overcrowding, insufficient number of toilet and shower.
Art 8: refusal of visiting rights of the stepmother of the applicant on the grounds that family visits are limited to blood relatives.
26
54820/20
05/11/2020
Akın Hamit ILIKAN
1976
Kocaeli
Kocaeli T type
27/02/2018
Art 3: Overcrowding, insufficient number of toilet and shower
27
55315/20
02/12/2020
Yunus VURUŞKAN
25/01/1989
Çorum
Neda İNCİ
Corum L Type Prison
08/12/2016 – to date
Art 3: Overcrowding, insufficient number of toilet and shower, restrictions on water
28
54772/20
25/11/2020
Namuk ŞENGÜL
01/04/1972
Bartın
Kocaeli T Type Prison
17/05/2016 – to date
Art 3: Overcrowding, insufficient number of toilet and shower, mattress on the floor, insufficient aeration, lack of hygiene, passive smoking.
29
55194/20
24/11/2020
Aydın ÇİÇİN
03/06/1974
Tekirdağ T Type Prison
November 2016 – to date
Art 3: Overcrowding, insufficient number of toilet and shower
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