The Constitutional Court (AYM) ruled that the disciplinary punishment given to the prisoners who carried out a hunger strike to lift the isolation of PKK leader Abdullah Öcalan is a violation of freedom of thought and expression.
The Constitutional Court deemed the disciplinary punishment given to Nasrullah Kuran who participated in the hunger strike to lift the isolation imposed on Abdullah Öcalan as a violation of freedom of thought and expression. The court also decided to pay 5 thousand TL to Kuran for non-pecuniary damages. Nasrullah Kuran, one of the five prisoners who was transferred to the Imrali High Security Closed Prison to conduct ‘secretarial works’ to help Öcalan during the Peace Process, was transferred to Silivri Prison after the negotiations were terminated. Kuran, who has been staying in prison for nearly 30 years, submitted a petition to the prison administration to launch a hunger strike on 21 September 2017 and 23 September 2017. Eight more prisoners submitted petitions in the same prison. However, the prison administration launched a disciplinary investigation against the prisoners.
Appeal rejected
The Prison Disciplinary Board decided to impose a 2-month communication ban on the prisoners on 27 September 2017. Kuran appealed to a court in Silivri. After the court rejected his appeal, Kuran applied to the Silivri High Criminal Court. However, this court also rejected his appeal, saying that the disciplinary penalty decision was fair.
'Hunger strike against isolation'
Kuran made an individual application to the Constitutional Court on 27 February 2018. In his application, Kuran stated that he carried out a hunger strike to protest the isolation in all prisons, specifically the Imrali Closed Prison.
'Hunger strike is a form of expression'
The Constitutional Court accepted Kuran’s application. The Constitutional Court reminded that hunger strikes in prisons can be "a way of expression". It ruled that the disciplinary punishment given for a hunger strike should be considered as a violation of freedom of expression.
Court Asked for a retrial
The Constitutional Court decided to pay 5 thousand Turkish liras to Kuran for non-pecuniary damages. It also asked for a retrial in order to eliminate the consequences of the violation of freedom of expression.
