Application no. 14377/05 by Hamza GÜLER and 49 other applications against Turkey The European Court of Human Rights (Second Section), sitting on 25 January 2011 as a Chamber composed of: Françoise Tulkens, President, Ireneu Cabral Barreto, Danutė Jočienė, András Sajó, Nona Tsotsoria, Işıl Karakaş, Kristina Pardalos, judges, and Françoise Elens-Passos, Deputy Section Registrar, Having regard to the above applications introduced on the dates indicated in the appendix, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by some of the applicants, Having deliberated, decides as follows: THE FACTS The applicants are Turkish nationals1 and at the time of their applications were either serving prison sentences or being held in detention pending trial in various establishments. The names and dates of birth of the applicants,...
SECOND SECTION DECISION AS TO THE ADMISSIBILITY OF Application no. 14377/05 by Hamza GÜLER and 49 other applications against Turkey The European Court of Human Rights (Second Section), sitting on 25 January 2011 as a Chamber composed of: Françoise Tulkens, President, Ireneu Cabral Barreto, Danutė Jočienė, András Sajó, Nona Tsotsoria, Işıl Karakaş, Kristina Pardalos, judges, and Françoise Elens-Passos, Deputy Section Registrar, Having regard to the above applications introduced on the dates indicated in the appendix, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by some of the applicants, Having deliberated, decides as follows: THE FACTS The applicants are Turkish nationals1 and at the time of their applications were either serving prison sentences or being held in detention pending trial in various establishments. The names and dates of birth of the applicants, as well as the names of their representatives, appear in the appendix. 1. With the exception of Mr Maho, who is a Syrian citizen.
2 GÜLER AND OTHERS v. TURKEY A. The circumstances of the case The facts of the cases, as submitted by the applicants, may be summarised as follows. The applicants were found guilty of breaching prison order by decisions of the respective prison disciplinary boards (“the board”). Pursuant to the Regulations on the administration of penitentiary institutions and the execution of sentences, they were all sentenced to various types of disciplinary sanctions. Their appeal requests were rejected by the Enforcement Judges and the Assize Courts respectively, on the basis of the case file, without hearing the applicants or their lawyers, pursuant to Law no. 4675 on Enforcement Judges, dated 16 May 2001. The details of the applications as well as the complaints raised by the applicants appear in the table below. Application no. and case name Disciplinary breach committed Type of sanction imposed on the applicant Date of Board’s decision Date of final decision delivered by the Assize Court Intro-duction date of the application Complaints raised by the applicant 14377/05 Güler v. Turkey breaching prison order by disturbing other inmates in the prison ban on receiving visitors for 1 month 31/08/2004 4/10/2004 05/04/2005 Articles 3, 6 and 8 14530/05 Gümüş v. Turkey pressing emergency buttons in the cell and refusing to participate in social activities, vocational workshops in the prison ban on correspondence for 15 days 29/12/2004 26/01/2005 18/02/2005 Article 6 36458/06 Tanış v. Turkey supporting fellow prisoners on hunger strike ban on correspondence and communication for 3 months 17/02/2006 23/3/2006 03/08/2006 Article 8 11493/07 Danış v. Turkey (no. 4) writing petition to the public prosecutor in support of Öcalan ban on receiving visitors for 1 month 05/10/2006 13/12/ 2006 08/02/2007 Articles 1, 3, 6, 7, 10, 13 and 14
GÜLER AND...