Top court rules refusal to allow prisoner to attend father's funeral is violation of fundamental right
Turkey's Constitutional Court has said that prisoner Resul Kocatürk's right to respect for family life was violated due to the authorities' refusal to allow him to attend his father's funeral. The top court ordered a 5,500 Turkish Liras ($920) compensation to be paid to the applicant.
Duvar English
Turkey’s Constitutional Court has ruled that authorities had violated a fundamental right of a prisoner as they did not allow him to attend the funeral of his father. Accordingly, the top court ordered a 5,500 Turkish Liras ($920) compensation to be paid to Resul Kocatürk, Mezopotamya news agency reported on Jan. 30.
OnApril 5, 2016, Kocatürk -- incarnated in a prison in the CentralAnatolian province of Kırıkkale -- requested that he be temporarilyreleased from jail to attend his father's funeral.
Theauthorities however did not allow Kocatürk to attend the funeral onthe grounds that there was a shortage in the number of prison servicestaff escorting inmates. They said that the staff were already busywith managing the transfer of several inmates to hospitals.
In his statement of complaint to the Constitutional Court, Kocatürk said that his right to respect for family life as well as right to equality of the citizen were violated. “Many times, [the authorities] cancelled or postponed our transfers to hospitals. Such a implementation could have been undertaken and staff to escort me could have been arranged,” he said.
Kocatürk also said that the authorities “disregarded” his request to temporarily go to his hometown to “accept condolences” from relatives and friends in the aftermath of his father's death. He said being there at least to “accept condolences” would have given him relief, even if he had missed the funeral.
The Justice Ministry said in its defense Kocatürk's request was denied on the grounds that it might have led to a “security gap.” The ministry also said that the authorities were trying to establish a “proportional balance between the right to respect for family life and public security as per the discretionary power of the state.”
The Constitutional Court said in its ruling that the applicant's right to respect for family life -- which is guaranteed under Article 20 of the Constitution -- was violated in this case, ordering the state to pay 5,500 liras in compensation to Kocatürk.