Turkey’s Constitutional Court has ruled that a disciplinary punishment meted out to inmate Nihat Ekmez’s for making victory sign during a prison visit violated his rights, the Bold Medya news website reported.
Ekmez, held in an İzmir prison, was sent to 11 days in solitary confinement after prison authorities interpreted his gesture as a display of support for a criminal organization.
The V. sign, commonly associated with victory, is often considered by Turkish officials as a symbol used to support outlawed leftist groups, including the Kurdistan Workers’ Party (PKK), which Turkey and its Western allies designate as a terrorist organization.
Ekmez’s attempts to appeal the punishment in İzmir courts were rejected twice, prompting him to take the case to the Constitutional Court, where he argued the penalty violated his right to freedom of expression and a fair trial.
The top court ruled that the disciplinary action was disproportionate, noting that no “concrete evidence” existed to show Ekmez’s gesture disrupted prison security. It emphasized that expression within prison should only be limited in “compelling circumstances, such as for security.”
The court further criticized the disciplinary board for failing to explain how the gesture was linked to any criminal organization. It awarded Ekmez 30,000 Turkish lira ($875) in non-pecuniary damages and ordered a retrial at a lower court.
In Turkey prisoners’ freedom of expression is closely monitored, with authorities often restricting gestures, symbols or statements perceived as supportive of banned organizations or political causes. Prison disciplinary boards have the authority to penalize actions that may seem benign but are interpreted as politically charged, such as a raised fist or a victory sign.
