Lexploria

Published on 12 April 2021

SECOND SECTION

Application no. 30016/20 Davut ÅžEN 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 ÅžEN

1974Ä°zmir

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

1977Ä°zmir

Menemen T - Ä°zmir T-2 (02/01/2017)

02/09/2016

Art 3: Overcrowding

3

40294/20 05/08/2020

Metin KOLOTOOÄžLU

1984Ä°stanbul

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

1988KahramamaraÅŸ

Ramazan DANIÅžMAN

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 Ä°PEK

1977Ä°zmir

Ä°zmir T-4

09/01/2017

Art 3: Overcrowding, mattress on the floor, poor sanitary conditions.

6

41780/20 15/09/2020

Bedretin ÇİÇEK

1981Sanliurfa

Filiz ÇİÇEK

Şanlıurfa T Type

25/10/2016 - today

A3: Overcrowding, poor sanitary conditions

7

44124/20 25/09/2020

Abdulvaris ALTUN

1981Osmaniye

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 ERGÄ°TÃœRK

1972Çorum

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 ENSAROÄžLU

1982Ankara

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

1975Osmaniye

Osmaniye T-1

24/10/2017

Art 3: Overcrowding.

11

45065/20 16/09/2020

Yusuf ÖBEKCİ

1971Çorum

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 FESLÄ°

1992Mersin

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 COÅžKUN

1987Osmaniye

Osmaniye T Type

19/10/2018

Art 3: Overcrowding.

14

45963/20 28/09/2020

Kenan TÃœRK

1980Osmaniye

Osmaniye T-1

27/09/2016

Art 3: Overcrowding.

15

48847/20 19/10/2020

Erhan BAÄžCI

1988KahramanmaraÅŸ

Merve KUDAK

Adıyaman E Type Prison

06/03/2017 - to date

Art 3: Overcrowding, lack of hygiene

16

48849/20 22/10/2020

Mehmet Ä°BRAHÄ°MOÄžLU

1989Bursa

Kocaeli T Type Prison

24/04/2018 – to date

Art 3: Overcrowding, lack of hygiene.

17

49932/20 26/10/2020

Sait ÅžAKIROÄžLU

1981Balıkesir

Bandırma Prison

22/05/2017

Art 3: Overcrowding, insufficient number of toilet and shower

18

49962/20 30/10/2020

Cengiz YETGÄ°N

1983Balıkesir

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

1980Çorum

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

1972Osmaniye

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

1979Kayseri

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

1970Kilis

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 ARSLANTÃœRK

1968Kocaeli

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

1981Kocaeli

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

1966Osmaniye

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

1976Kocaeli

Kocaeli T type

27/02/2018

Art 3: Overcrowding, insufficient number of toilet and shower

27

55315/20

02/12/2020

Yunus VURUÅžKAN

25/01/1989

Çorum

Neda Ä°NCÄ°

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 ÅžENGÃœL

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

TekirdaÄŸ T Type Prison

November 2016 – to date

Art 3: Overcrowding, insufficient number of toilet and shower

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ŞEN v. TURKEY and 28 other applications

ŞEN v. TURKEY and 28 other applications

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