Published on 17 March 2025
 
SECOND SECTION
Application no. 10047/21
Şaban CİNOĞLU against Türkiye
and 2 other applications
(see list appended)
communicated on 28 February 2025
SUBJECT MATTER OF THE CASE
The applications concern the monitoring of prisoners’ correspondence with official institutions by prison authorities.
Application no. 10047/21 concerns the monitoring of an envelope sent to the applicant by the Court. Application no. 39111/22 relates to the monitoring of a petition submitted to the public prosecutor’s office, and application no. 34563/22 involves the monitoring of petitions addressed to the Ombudsman Institution and the Human Rights and Equality Institution of Türkiye. The applications nos. 39111/22 and 34563/22 also concern the prison authorities’ refusal to forward petitions.
Relying on Article 8 of the Convention, the applicants complain of an infringement of their right to respect for their correspondence due to the actions and decisions of the prison authorities.
QUESTIONS TO THE PARTIES
Has there been an interference with the applicants’ right to respect for their correspondence, within the meaning of Article 8 § 1 of the Convention, due to the monitoring or interception of their petitions by the prison authorities?
 
If so, was that interference in accordance with the law within the meaning of Article 8 § 2 of the Convention? Did the Turkish law contain a proper regulatory framework, ensuring the sufficient level of confidentiality of the correspondence of prisoners with official institutions, including the Court?
 
If so, was that interference necessary in terms of Article 8 § 2 of the Convention? In particular, did the national authorities carry out a sufficient examination and adequate balancing of the applicants’ right to respect for their correspondence and other interests at stake in the light of the criteria set out and applied by the Court in similar cases (see, mutadis mutandis, Eylem Kaya v. Turkey, no. 26623/07, §§ 24-48, 13 December 2016; mutadis mutandis, Halit Kara v. Türkiye, no. 60846/19, §§ 51-59, 12 December 2023)?
 
APPENDIX
 
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
(ID Card)
Represented by
1.
10047/21
Cinoğlu v. Türkiye
05/01/2021
Şaban CİNOĞLU
1978
Gaziantep
Turkish
 
2.
34563/22
Ödemişli v. Türkiye
31/05/2022
Ahmet ÖDEMİŞLİ
1979
Antalya
Turkish
Halil İbrahim ÖDEMİŞLİ
3.
39111/22
Aygün v. Türkiye
10/06/2022
Uğur AYGÜN
1990
İzmir
Turkish