CEDH · CASELAW;COMMUNICATEDCASES;ENG — 22 mars 2021

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s76CF415B { page-break-before:always; clear:both } .sD37F5C3B { margin-top:66pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .sA1562A25 { width:17.8pt; text-indent:0pt; display:inline-block } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s598389FB { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:14pt } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .sB217F55D { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:8pt } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top }   Published on 12 April 2021   SECOND SECTION Application no. 30016/20 Davut ŞEN against Turkey and 28 other applications (see list appended) communicated on 22 March 2021 SUBJECT MATTER OF THE CASE The applications concern the applicants’ conditions of detention. Invoking Article 3 of the Convention, the applicants complained of the overcrowding in prisons and the surrounding conditions, such as having their mattresses on the floor, the lack of hygiene, insufficient ventilation and insufficient number of toilets. In applications nos. 30016/20 Şen , 44124/20 Altun , 44134/20 Ergitürk , the applicants also complained under Article 8 of the Convention about the refusal of setting the visiting day for the weekend whereas the applicants had children at school age. In application no. 52276/20 Gök , the applicant also complained under Article 8 of the prohibition laid down on the visits of his stepmother on the grounds that family visits are limited to blood relatives. In application no. 44267/20 Ensaroğlu , the applicant also complained under Article 8 of the electronic storage of his private letters in the National Judicial Network Server (UYAP).   QUESTIONS TO THE PARTIES 1.     Have the conditions of the applicants’ detention, in particular, the personal space in view of the number of prisoners placed in the same multi-occupancy units, alleged lack of hygiene and ventilation, mattress on the floor on a rotational basis, insufficiency of hot water, limited number of toilets, limited collection of trash to three times a week amounted separately or cumulatively to inhuman or degrading treatment in breach of Article 3 of the Convention (see Muršić v. Croatia [GC] , no. 7334/13, §§   136-140, 20   October 2016; Rezmiveș and Others v. Romania , nos. 61467/12 and 3   others, §§ 71-79, 25 April 2017; and Ananyev and Others v.   Russia , nos.   42525/07 and 60800/08, §§ 139-159, 10 January 2012. For application nos.   54772/20 Şengül comprising passive smoking allegations, see Florea v.   Romania , no. 37186/03, §§ 57-65, 14 September 2010)? The Government are invited to submit information and documents stating the conditions of detention at the prisons where the applicants are/were being held. This information should in particular demonstrate the following: -   period, surface and capacity of the units in which the applicants were held and the number of detainees in them, -   description, dimensions and number of windows in units and the possibility for detainees to open them; -   surface of the outdoor area and daily time frame in which access to the outdoor area was allowed; -   number of toilets and showers in the units; -   the availability of additional toilets and showers during outdoor time or activities; -   the limitations regarding access to toilets and showers and the availability of hot water; -   the regulation on the cleaning of the premises, weekly frequency of collection of trashes and availability of cleaning materials/products to detainees; -   category and number of social/cultural/sportive activities allowed during the detention of the applicants.   The Government are also invited to fill in the appended table per applicant. Additional lines should be added in cases in which an applicant was held in multiple prisons or in multiple units in the same prison.   2.     For applications nos. 30016/20 Şen , 44124/20, Altun , 44134/20   Ergitürk only: Has there been an interference with the applicants’ right to respect for their family life within the meaning of Article 8 § 1 of the Convention on account of the visiting day which was not set for the weekend whereas the applicants had children at school age? If so, was that interference in accordance with the law and necessary in terms of Article   8 §   2 (for similar considerations, see Petukhov v. Ukraine (no.   2) , no.   41216/13, §§ 153, 187, 188, 12 March 2019, and Kitiashvili v.   Georgia , no.   37747/08, § 54, 23 November 2017)?   3.     For application no. 52276/20 Gök only: Has there been an interference with the applicants’ right to respect for his family life within the meaning of Article 8 § 1 of the Convention in view of the prohibition laid down on the visits of his stepmother on the grounds that family visits are limited to blood relatives? If so, was that interference in accordance with the law and necessary in terms of Article   8   §   2?   4.     For application no. 44267/20 Ensaroğlu only: Has there been an interference with the applicants’ right to respect for their private life and correspondence, within the meaning of Article   8 §   1 of the Convention in view of the registration and storage of his letters in the National Judicial Network Server (UYAP)? If so, was that interference in accordance with the law and necessary in terms of Article   8   §   2? In particular, the Government are invited to provide the following information: -     the reasons justifying the electronic recording and storage of the applicants’ private letters in the National Judicial Network Server, -     the persons and/or public authorities entitled to have access to these letters and the period of storage of these letters, -     whether there are appropriate safeguards to prevent any such disclosure of personal information that might be inconsistent with the guarantees of Article 8? LIST OF APPLICATIONS   No. Application no. and date of introduction Applicant Year of Birth Place of Residence Represented by Prison Period of detention (or date of imprisonment) Main complaints 1 30016/20 24/06/2020 Davut ŞEN 1974 İzmir   İzmir T – 2 03/08/2016 Art 3: Overcrowding Art 8: the applicants’ children at school age could not visit him as the periodic visiting day was set in a working day until 01/11/2019, date on which his visiting day was set for the weekend. 2 38031/20 14/07/2020 Abdülkadir CİVAN 1977 İzmir   Menemen T - İzmir T-2 (02/01/2017) 02/09/2016 Art 3: Overcrowding 3 40294/20 05/08/2020 Metin KOLOTOOĞLU 1984 İstanbul   Silivri L Type Prison February 2017 – April 2018: Cell no. A-6 April 2018 – to date: Cell no. A-7 Art 3: Overcrowding, lack of hygiene, poor sanitary conditions, limitations on water, insufficient number of toilets and showers, insufficient aeration 4 40797/20 04/09/2020 Nuh UZUN 1988 Kahramamaraş Ramazan DANIŞMAN Gaziantep L Type Prison 31/03/2017 – 24/05/2017 24/06/2017 – 26/07/2017 Art 3: Overcrowding, poor sanitary conditions. 5 41743/20 21/08/2020 Mustafa İPEK 1977 İzmir   İzmir T-4 09/01/2017 Art 3: Overcrowding, mattress on the floor, poor sanitary conditions. 6 41780/20 15/09/2020 Bedretin ÇİÇEK 1981 Sanliurfa Filiz ÇİÇEK Şanlıurfa T Type 25/10/2016 - today A3: Overcrowding, poor sanitary conditions 7 44124/20 25/09/2020 Abdulvaris ALTUN 1981 Osmaniye   Osmaniye T TYPE 19/10/2018 Art 3: Overcrowding. Art 8: Visiting request for his school age children at the weekend. 8 44134/20 23/09/2020 Turgut ERGİTÜRK 1972 Çorum   Çorum L Type 08/11/2016 Art 3: Overcrowding, poor sanitary conditions Art 8: Visiting request for the children at school age for the weekends. 9 44267/20 23/09/2020 Fatih ENSAROĞLU 1982 Ankara   Osmaniye T Type Prison 09/03/2017 - today A3: Overcrowding, poor sanitary conditions A8: private correspondence recorded to National Judicial Network Server (UYAP) 10 44525/20 24/09/2020 Enis Ulvi YAMAN 1975 Osmaniye   Osmaniye T-1 24/10/2017 Art 3: Overcrowding. 11 45065/20 16/09/2020 Yusuf ÖBEKCİ 1971 Çorum   Corum L Type Prison the applicant was detained on 6/8/2016 and he is still detained pending trial Art 3: Overcrowding, limited access to hot water, inadequate sanitary conditions, lack of hygiene. 12 45390/20 30/09/2020 Muhammed Hamza FESLİ 1992 Mersin   Tarsus 1 Nolu T Tipi 23/01/2020-date of transfer Art 3: Overcrowding, mattress on the floor, lack of hygiene, insufficient number of toilets 13 45424/20 29/09/2020 Ali COŞKUN 1987 Osmaniye   Osmaniye T Type 19/10/2018 Art 3: Overcrowding. 14 45963/20 28/09/2020 Kenan TÜRK 1980 Osmaniye   Osmaniye T-1 27/09/2016 Art 3: Overcrowding. 15 48847/20 19/10/2020 Erhan BAĞCI 1988 Kahramanmaraş Merve KUDAK Adıyaman E Type Prison 06/03/2017 - to date Art 3: Overcrowding, lack of hygiene 16 48849/20 22/10/2020 Mehmet İBRAHİMOĞLU 1989 Bursa   Kocaeli T Type Prison   24/04/2018 – to date Art 3: Overcrowding, lack of hygiene. 17 49932/20 26/10/2020 Sait ŞAKIROĞLU 1981 Balıkesir   Bandırma Prison 22/05/2017 Art 3: Overcrowding, insufficient number of toilet and shower 18 49962/20 30/10/2020 Cengiz YETGİN 1983 Balıkesir Gözde YETGİN Kocaeli Kandıra Prison 31/03/2017-18/01/2019 Then he was transferred to Balıkesir Bandırma Prison Art 3: Overcrowding, insufficient number of toilet and shower 19 50050/20 14/10/2020 Ali ARUKAN 1980 Çorum   Çorum L Type Prison 12/05/2016 - to date Art 3: Overcrowding, insufficient number of toilet and shower 20 50206/20 07/10/2020 Mustafa KÖKSALAN 1972 Osmaniye   Osmaniye T Type Prison   September 2016 – to date Art 3: Overcrowding, insufficient number of toilet and shower 21 50207/20 20/10/2020 Ali ERYILMAZ 1979 Kayseri   Kayseri T Type Prison 14 May 2018 – to date Art 3: Overcrowding, insufficient number of toilet and shower 22 50797/20 16/10/2020 Hasan CAN 1970 Kilis   Sincan T (Ward A-16) 05/09/2016 – 10/02/2017 Art 3: Overcrowding, insufficient number of toilet and shower 23 51657/20 17/11/2020 Zekeriye ARSLANTÜRK 1968 Kocaeli Hasan TOK Kocaeli T-1 17/03/2017 Art 3: Overcrowding, insufficient number of toilet and shower 24 51991/20 08/10/2020 Aydın KAHVECİ 1981 Kocaeli Cahit ÇİFTÇİ Kocaeli T-2 since October 2016 Art 3: Overcrowding, insufficient number of toilet and shower 25 52276/20 05/11/2020 Veysal GÖK 1966 Osmaniye   Osmaniye T Type Prison February 2017 – to date Art 3: Overcrowding, insufficient number of toilet and shower. Art 8: refusal of visiting rights of the stepmother of the applicant on the grounds that family visits are limited to blood relatives. 26 54820/20 05/11/2020 Akın Hamit ILIKAN 1976 Kocaeli   Kocaeli T type 27/02/2018 Art 3: Overcrowding, insufficient number of toilet and shower 27 55315/20 02/12/2020 Yunus VURUŞKAN 25/01/1989 Çorum Neda İNCİ Corum L Type Prison 08/12/2016 – to date Art 3: Overcrowding, insufficient number of toilet and shower, restrictions on water 28 54772/20 25/11/2020 Namuk ŞENGÜL 01/04/1972 Bartın   Kocaeli T Type Prison 17/05/2016 – to date Art 3: Overcrowding, insufficient number of toilet and shower, mattress on the floor, insufficient aeration, lack of hygiene, passive smoking. 29 55194/20 24/11/2020 Aydın ÇİÇİN 03/06/1974   Tekirdağ T Type Prison November 2016 – to date Art 3: Overcrowding, insufficient number of toilet and shower