ÖZBİL v. TURKEY
Inadmissible
Jon Fridrik Kjølbro;Nebojša Vučinić;Paul Lemmens;Robert Spano;Stéphanie Mourou-Vikström;Ksenija Turković
1. The applicant, Mr Sami Özbil, is a Turkish national, who was born in 1977 and is detained in the Kocaeli Prison. He was represented before the Court by Ms Ö. Gümüştaş, a lawyer practising in Istanbul. 2. 3. By a decision dated 15 May 2009 (no. 2009/29/52), the Education Committee of the Kocaeli prison decided not to allow the applicant to receive a copy of the daily newspaper, Hawar, published in Kurdish. In rendering its decision, the committee held that it was not in a position to establish whether the content of the publication was obscene or likely to endanger security in the prison. 4. The applicant’s appeals, lodged with the Kocaeli Enforcement Judge and the Kocaeli Assize Court, were dismissed on 16 June 2009 and 21 July 2009 respectively. 5. A full description of the domestic law and practice at the relevant time may be found in Mesut Yurtsever and Others v. Turkey (nos. 14946/08, 21030/08, 24309/08, 24505/08, 26964/08, 26966/08, 27088/08, 27090//08, 27092/08, 38752/08, 38778/08 and 38807/08, §§ 78-80, 20 January 2015). 6. A full description of the relevant domestic law may be found in Yıldız and Yanak v. Turkey ((dec.), no. 44013/07, §§ 9-17, 27 May 2014). In particular, Article 4, paragraph (d) of the decree adopted by the Council of Ministers on 10 February 2014, which was subsequently published in the Official Gazette on 16 March 2014, states that the Compensation Commission, which was established by Law no. 6384, is entitled to examine applications relating to complaints lodged by detainees/prisoners about the refusal of the prison authorities to hand over periodicals based on different grounds. Under the same decree, the Compensation Commission has competence ratione temporis to deal with applications lodged with the Court up until 23 March 2013.