CASE OF TÜRK AND OTHERS v. TÜRKİYE

    SECOND SECTION CASE OF TÜRK AND OTHERS v. TÜRKİYE (Applications nos. 4625/21 and 3 others – see appended list)             JUDGMENT   STRASBOURG 22 January 2026     This judgment is final but it may be subject to editorial revision. In the case of Türk and Others v. Türkiye, The European Court of Human Rights (Second Section), sitting as a Committee composed of:  Stéphane Pisani, President,  Juha Lavapuro,  Hugh Mercer, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 18 December 2025, Delivers the following judgment, which was adopted on that date: PROCEDURE1.  The case originated in applications against Türkiye lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2.  The Turkish Government (“the Government”) were given notice of the applications. THE FACTS3.  The list of applicants and the relevant details of the applications are set out in the appended table. 4.  The applicants complained of the seizure of written materials by prison administration. THE LAW        JOINDER OF THE APPLICATIONS5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.      ALLEGED VIOLATION OF ARTICLE 10 of the Convention6.  The applicants complained of the seizure of their private written materials by the prison administration. They relied, expressly or in substance, on Article 10 of the Convention. 7.  The Court considers that the seizure of the applicants’ private written materials constituted an interference with the right to freedom of expression (see Sarıgül v. Turkey, no. 28691/05, § 43, 23 May 2017, and Günana and Others v. Turkey, nos. 70934/10 and 4 others, §§ 60-61, 20 November 2018). 8.  The Court has already found that there was no legal basis in Turkish domestic law for the seizure of a detainee’s private written materials under any circumstances (see Günana and Others, cited above, § 67, and also Murat Türk v. Turkey [Committee], no. 20686/19, § 14, 5 April 2022) and found a violation in respect of issues similar to those in the present case (Günana and Others, cited above, §§ 68-69 and Murat Türk, cited above, §§ 15-16). 9.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the disputed interference was not “prescribed by law” within the meaning of Article 10 § 2 of the Convention. 10.  These complaints are therefore admissible and disclose a breach of Article 10 of the Convention.    APPLICATION OF ARTICLE 41 OF THE CONVENTION11.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Murat Türk, cited above), the Court considers that the finding of a violation is sufficient just satisfaction in respect of the non-pecuniary damage sustained by the applicants and it further finds it reasonable to award the sums indicated in the appended table to some of the applicants in respect of the costs and expenses incurred. FOR THESE REASONS, THE COURT, UNANIMOUSLY,     Decides to join the applications;     Declares the applications admissible;     Holds that these applications disclose a breach of Article 10 of the Convention concerning the seizure of written materials by prison administration;     Holds that the finding of the violation constitutes in itself sufficient compensation for any non-pecuniary damage suffered by the applicants;     Holds  that the respondent State is to pay the applicants in applications nos. 4625/21 and 15763/21 within three months, the amounts indicated in the appended table, as respect of the costs and expenses incurred, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.Done in English, and notified in writing on 22 January 2026, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Stéphane Pisani  Acting Deputy Registrar President   APPENDIX List of applications raising complaints under Article 10 of the Convention (seizure of private written materials by prison administration) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Name of prison Date and reference of prison administration’s decision Nature and content of the seized private material Legal basis invoked Circumstances of the seizure Reasons given for seizure Amount awarded for costs and expenses per application (in euros)[1]    4625/21 22/12/2020 Murat TÜRK 1974   Demir Ramazan Istanbul Izmir T Type No. 1 Prison 23/01/2020 2020/527 personal diary section 62/3 of Law no. 5275 being transferred from another prison showcasing the activities of an illegal organisation, content glorifying and supporting an illegal organisation and making its propaganda: support of hunger strikes, name list of the inmates in hunger strike and their prisons 250    15763/21 10/03/2021 Eren YILDIZ 1973   Tuncer Gülizar Istanbul Edirne F Type High Security Closed Prison 03/02/2020 2020/163 personal scrapbook containing letters received throughout the applicant’s stay in prison Law no. 5275 general search use of the written material for training of members of illegal organisation 250    7983/22 25/01/2022 Tayfur TUNÇ 1962       Aksihar T Type Prison 29/12/2020 2020/388 handwritten documents that the applicant claims to be stories written by him in Kurdish language Article 62/3 of Law no. 5275 ordinary room search Copies despite being handwritten had the appearance of pirated books -    7177/24 21/02/2024 Nevzat DEMİR 1972       Elazig High Security Prison No. 2 03/04/2019 2019/278 personal diary section 44/3-1 of Law no. 5275 partial search use of the written material for training of members of illegal organisation -   [1] Plus any tax that may be chargeable to the applicants.