
The prison administration not recognizing Supreme Court's decision

2019-07-27 09:37:30


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	VAN - Supreme Court who concluded the appeal of Hakan Tunç who was sentenced to life in prison, decided that the prison admininstration's restricting the duration of his visits is unlawful.

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	The restrictions imposed on convicted prisoners who received aggravated life imprisonment in Van F Type Closed Prison were found illegal by the Court of Cassation. Hakan Tunç who applied to Van Enforcement Judiciaryin 2017 stated that he was only able to see the members of his family one by one, not as a group and therefore he could see everyone only for 10 minutes and that the prison administration implemented arbitrary restraint decisions. The judge accepted Tunç's application and decided that the visits could not be restricted. The Ministry of Justice appealed to the Van 5th High Criminal Court. Van 5th Heavy Court found the Judgment of the Judiciary in place. This time the case was moved to the Erzurum Court of Appeal, while the Court of Appeal upheld the verdict of the Van Assize Court.

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	Following the current precedent of the Supreme Court of Appeals, Van F Type Closed Prison and Van High Security Closed Prison rejected the application to apply this decision to other convicts. The Prison Administration continued the unlawful practice, arguing that the court should decide separately for each convict.

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	Attorney Ekin Yeter, who assessed the decision said: &nbsp;"This decision is a precedent for convicted prisoners who receive aggravated life imprisonment. Prisoners are already being unjustly treated when they are forced to see their families individually and with a short time interval. However, both the Van Enforcement Judiciary's and the Supreme Court's decision are clear, as the visitation does not have a regulation on which the convicted prisoners may conduct one-on-one meetings with their visitors. In this case, there is no legal basis for the individual meetings of the convicted persons with aggravated life imprisonment. Convicts in F Type Closed Prison and Van High Security Closed Prison has made applications for the decision to be applied for other prisoners as well but the prison administration does not apply the precedent decision on the grounds that should be decided separately for each prisoner."

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