Published on 26 June 2023
SECOND SECTION
Application no. 39631/20
Abdül Samed TERGEK against Türkiye
and 3 other applications
(see list appended)
communicated on 8 June 2023
SUBJECT MATTER OF THE CASE
The applications concern the refusal by prison authorities to allow the applicants to send or receive documents consisting of photocopies and web page printouts. The Turkish Constitutional Court dismissed the applicants’ individual applications referring to its case-law on the matter (see Diyadin Akdemir, application no. 2015/9562, 4 April 2018).
Relying on Article 10 of the Convention, the applicants complained of a violation of their right to receive and impart information.
QUESTIONS TO THE PARTIES
1. Has there been an interference with the applicants’ freedom of expression, in particular their right to receive and impart information and ideas, by the refusal of the prison authorities to allow the applicants to send or receive the documents consisting of photocopies and web page printouts in question within the meaning of Article 10 § 1 of the Convention (Mehmet Çiftci v. Turkey, no. 53208/19, §§ 32 et seq., 16 November 2021)?
2. If so, was that interference prescribed by law and necessary in terms of Article 10 § 2?
The parties are invited to provide information and relevant documents on the Turkish Constitutional Court’s case-law and the practice of prison authorities in similar cases.
APPENDIX
List of cases:
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
1.
39631/20
Tergek v. Türkiye
03/12/2020
Abdül Samed TERGEK
1989
Istanbul
Turkish
2.
40647/21
Aygün v. Türkiye
29/07/2021
Uğur AYGÜN
1990
İzmir
Turkish
3.
52500/21
Aygün v. Türkiye
01/10/2021
Uğur AYGÜN
1990
İzmir
Turkish
4.
60976/21
Aygün v. Türkiye
19/11/2021
Uğur AYGÜN
1990
İzmir
Turkish