The Constitutional Court (AYM) of Türkiye ruled on Monday that the 11-day solitary confinement sentence given to Nihat Ekmez, a prisoner at Izmir No. 2 T Type Closed Penal Institution, for making a victory sign during a monthly open visitation was disproportionate and violated his freedom of expression.

The visitation records indicate that other visitors also made the victory sign during the visit. Turkish authorities often interpret the victory sign as a symbol of support for outlawed leftist groups. The prison administration interpreted the gesture as a symbol associated with criminal organizations and subsequently launched a disciplinary investigation. Under Article 44 of the Law on the Execution of Penalties and Security Measures (Law No. 5275), posting or displaying any publications, banners, placards, pictures, drawings, symbols, signs, or similar items linked to criminal organizations anywhere within the institution is punishable by confinement in a cell for eleven to twenty days. Based on this provision, the Disciplinary Board sentenced Ekmez to 11 days of confinement, citing his actions as a violation under this article.

Ekmez appealed against this sentence twice, but both of his appeals were rejected. Therefore, he filed an individual application to the Constitutional Court, asserting that the sentence infringed upon his freedom of expression, right to a fair trial, and other constitutional rights. The individual application system allows anyone in Türkiye to file a complaint with the Constitutional Court if they believe their rights and freedoms have been violated. According to Article 26 of the Constitution, everyone has the right to express and disseminate their thoughts and opinions by speech, in writing in pictures, or through other media, individually or collectively. Additionally, Article 13 stipulates that fundamental rights and freedoms could be restricted only by law and in conformity with the reasons mentioned in the relevant articles of the Constitution and that the restrictions shall not be contrary to the principle of proportionality.

The Constitutional Court stated that Ekmez was entitled to freedom of expression despite being in prison. It noted that the disciplinary decision failed to clarify how Ekmez’s victory sign constituted a symbol associated with criminal organizations and found that the lower courts had not thoroughly examined this aspect. Consequently, the Court ruled that Ekmez’s freedom of expression had been violated and 30,000 Turkish Lira should be paid in compensation.