Abdullah Bozkurt/Stockholm
The deprivation of rights for imprisoned critics of Turkish President Recep Tayyip Erdogan has reached a new level, with inmates arbitrarily denied access to books, particularly foreign language publications that include world classics, purportedly due to security concerns.
The latest manifestation of this pervasive paranoia within Turkish prisons overseen by the Justice Ministry occurred when Hasan Ataç, a 45-year-old former army major, requested an original Spanish copy of Miguel de Cervantes’ epic novel “Don Quixote,” expressing a desire to improve his Spanish language proficiency, only to be denied.
According to court records, the administration at Istanbul’s Silivri Prison, a notorious facility primarily housing critics and opponents of the Erdogan government, asserted that the foreign language book might pose a security threat to the facility, providing no further details.
The prison management cited the need to scrutinize the book’s content before permitting the inmate to obtain a copy but claimed an inability to do so due to the book being in Spanish, necessitating a Turkish translation for review.
At the time Ataç was a detainee, not a convicted criminal, as the trial proceedings against him on coup charges were still ongoing. Detainees generally have greater rights and freedoms in prison compared to convicts.
Citing the absence of a Spanish translator among the prison staff, the administration ultimately rejected Ataç’s request. In response the inmate challenged the decision by filing a suit with the Silivri 2nd Enforcement Court (Silivri 2. İnfaz Hâkimliği), which oversees the execution of sentences. However, the judge denied his request and ruled in favor of the prison management.
The judge cited Article 62 of Law No. 5275 on the Execution of Penalties and Security Measures to justify the ruling, asserting that books written in a foreign language must undergo review for the security of the penal facility.
On appeal in 2019, the decision was upheld by the Silivri High Criminal Court, which ruled that the judge’s decision to support the prison authority was lawful and that there was no violation of the inmate’s rights in the case.
Under Turkish law, inmates have the right to obtain an unlimited number of books and other publications, except those banned by the courts. They can borrow books from prison libraries or public libraries. Additionally, at their own expense, they can purchase books from outside sources and have them delivered via mail or by visiting friends and family members.
The books are subject to a content review by the prison management before being handed over to inmates. However, those considered to be part of a course offered by educational institutions are exempt from such review, allowing inmates to pursue distance learning without hindrance.
Publications containing obscene news, articles, photographs or comments that disrupt or endanger institutional discipline, order or security, or hinder the rehabilitation of inmates are not provided to inmates under Turkish law. The determination regarding the suitability of publications after review is left to the discretion of the prison administration.
Apparently, the original Spanish version of “Don Quixote” was deemed a threat to prison security by the facility’s authorities.
The court records also indicate that at one point, the prison authorities offered Ataç the option to have “Don Quixote” translated into Turkish by a freelance translator at a substantial cost to be borne by him. This would allow prison officials who do not know Spanish to review the book in Turkish translation before making a decision.
Despite the wide availability of the book in Turkish, including in public libraries, and being listed among the books recommended by the Ministry of Education, the prison administration insisted on a new translation, not bothering to review the readily available Turkish version. The objective appeared to be punishing critics of Erdogan by depriving them of their rights, even in prison facilities, by preventing them from obtaining books.
Constitutional Court ruling:
Hasan_Atac_constitutional_court
From his prison cell, Ataç had been studying to improve his language skills through a distance learning program at an open university. He sought to obtain a copy of “Don Quixote” in its original Spanish to aid in enhancing his Spanish proficiency. In his petition he argued that the prison authority should facilitate his request since the book is not banned in Turkey and was approved by the Ministry of Education.
However, by insisting on a new translation of “Don Quixote” by a freelancer at a significant cost to him, Ataç argued that the prison management violated his right to freedom of expression and the right to receive an education, which are guaranteed under the Turkish Constitution.
The case was eventually escalated to the Constitutional Court by Ataç in December 2019, a year before he managed to enroll in Spanish literature and language studies at Ankara University, where “Don Quixote” was considered one of the classics to be read and studied as part of the curriculum.
However, the Justice Ministry defended the ruling of the prison authority before the Constitutional Court, asserting that the restriction on obtaining a foreign language book was a measured response for the security of the prison facility. Additionally, the ministry claimed that the petitioner was not enrolled in a Spanish literature course or language school at the time he requested a copy.
The Constitutional Court sided with the Justice Ministry and ruled that the exception from the review of study books for inmates could not apply to the petitioner because he was not enrolled in a Spanish language course, despite his foreign language studies through distance learning at an open university.
In similar instances the Constitutional Court has repeatedly ruled that a translation of a foreign language publication may be necessary to verify whether they pose a security risk to the institution, allowing prison authorities to pass the cost of translation on to inmates. However, in the current case, the court found a violation, stating that it would be simple to examine the content of “Don Quixote” from widely available Turkish translations.
The decision by the Constitutional Court was made on November 21, 2023 and publicized on March 8, 2024. It took five years for Ataç to obtain a favorable judgment from the Constitutional Court. However, the implementation of the ruling, which requires a new hearing in a lower court, is still pending, and Ataç has yet to obtain an original copy of the book.
Ataç was arrested on August 20, 2016, following a false flag coup attempt on July 15, 2016, which was orchestrated by the Erdogan government to justify a mass purge of well over 100,000 people from public institutions, including the military. Overnight, approximately half a million people from various walks of life including academics, journalists, teachers, union members and civil servants were branded as putschists and/or terrorists, facing criminal investigation, arrest and imprisonment on bogus charges.
Özgür Özbay’s defense statement:
Özgür_Özbay_book_denial_defense_statement
Despite the absence of evidence implicating Ataç in any criminal activity, he was tried and sentenced to 15 years in prison in April 2019. The conviction was upheld by the Supreme Court of Appeals in December 2021.
The deprivation of rights for imprisoned critics of the Erdogan government continues even in prisons as part of the intimidation campaign pursued by Turkish authorities. In many cases not only publications that inmates want to have are denied, but also the right to enroll in distance learning courses to earn a degree or a certificate are arbitrarily denied. In many cases, prison authorities also restrict or deny opportunities for inmates to have visitors, watch TV and listen radio broadcasts that were screened through the central prison management.
Ataç’s case is not an exception but rather indicative of a growing pattern in Turkish prisons and detention facilities, where government officials arbitrarily deny books, especially foreign language publications, to inmates.
Özgür Özbay, a former staff major and defendant in a coup trial case, stated that despite inmates having the right to study and obtain unlimited textbooks in prison, he was deprived of these rights. Özbay, who was enrolled at Gazi University in Ankara and pursuing a master’s degree at the time of his detention, said studying English was banned by the prison management.
Prison officials claimed that foreign language books posed a fire hazard and cited this risk as a reason for the denial. “The reason given was not to endanger the security of the penal institution, as the large number of detainees could potentially cause fire hazards by using the books given to them, posing a risk to themselves and other inmates. As you can see, Your Honor, Turkish books are allowed, newspapers are allowed, so there are plenty of things that could be burned, but it seems only foreign language materials are allowed to burn. That’s the decision they [the prison officials] made,” Özbay said at a hearing on December 11, 2019 at the Ankara 23rd High Criminal Court.
Abdullah Akyürek’s court testimony on banned books:
book_denial_izmir_prison_Abdullah_Akyurek
He stated that prison authorities initially rejected his request to obtain a foreign language dictionary, but later approved it. However, the foreign language books mailed by his family were not handed over to him. The prison administration subsequently informed him that books entirely in a foreign language could only be admitted to the facility if inmates paid for translation services since there was no staff proficient in foreign languages available. “I wonder, in the entire Ministry of Justice, is there really no staff proficient in foreign languages? Or is it so difficult to establish a common database for [approved] foreign language books?” Özbay said in his testimony.
Özbay’s application to a judge to challenge the ban on foreign books was successful; however, the prison authority disregarded the ruling and did not provide the books he requested. Furthermore, he was denied permission to attend exams at the university to complete his courses.
During a hearing on April 10, 2017 at the Izmir 2nd High Criminal Court, defendant Abdullah Akyürek stated that the books he requested, including English language publications, were denied by the prison management. He mentioned that despite the justice minister himself announcing in parliament that inmates have the right to obtain 15 books outside of textbooks, this was not being implemented in practice.
Erkan Demir’s court testimony:
Books_denial_Erkan_Demir
At a hearing on November 6, 2017 at the Ankara 23rd High Criminal Court, defendant Erkan Demir stated that the number of books he could borrow in the prison was limited to three before a total ban was imposed. Additionally, the prison authorities denied him books sent by his family. At the time Demir was enrolled at the Justice College to obtain a degree in law, but the authorities not only prevented him from accessing law books but also from attending exams.
Defendant Sadık Kazancı, who was detained pending trial, informed the judges at the Ankara 17th High Criminal Court on September 27, 2018 that he and his cellmates were facing a total ban on foreign language books and publications in the prison. Only foreign language dictionaries with Turkish translations were allowed.
The ban sometimes extended to law books that were necessary for defendants to prepare their defenses. Nalan Can, a former judge who was detained in a prison in Denizli due to rulings unfavorable to the Erdogan government, testified at a hearing at the Supreme Court of Appeals on December 18, 2019 that the legal texts and law books she requested were restricted in the prison.
Sadık Kazancı’s court testimony on banned books in prison:
foreign_language_book_denial_Sadik_Kazanci
Can was placed in an overcrowded cell designed for 10 people but occupied by 20, including a mother with a 2-year-old child and a pregnant woman. She said there wasn’t even a table in the cell that she could use to write her defense statement.
Furthermore, she requested law books on the penal code to prepare her defense, but prison officials limited the number of books to only five. Additionally, the texts on current laws that were sent by her family were also rejected.
Although Turkey is subject to reviews by the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) as well as the European Court of Human Rights (ECtHR) and intergovernmental instruments used by the Council of Europe, the recommendations made by the CPT and the rulings issued by the ECtHR on arbitrary and unlawful practices being implemented in Turkish prisons are in many cases not complied with by the Erdogan government.
Former judge Nalan Can’s testimony at a hearing on banned law textbooks and books on the law:
Nalan_Can_books_denial