Wednesday, June 22, 2022

European Court: Turkey's Refusal To Allow Congregational Muslim Prayer In Prison Violated Religious Freedom

In Yalçın v. Turkey, (ECHR, June 14, 2022), the European Court of Human Rights in a Chamber Judgment held that Turkey violated Article 9 (freedom of religion and belief) of the European Convention on Human Rights by refusing to make a room available for congregational Muslim Friday prayers (Jumuah) at a High-Security Prison. The Court said in part:

... high-security prisons, such as the one in which the applicant was placed, are subjected to a stricter set of rules, which may call for a higher degree of restrictions on the exercise of rights under Article 9 of the Convention. Nevertheless, that fact alone should not be construed as excluding any real weighing of the competing individual and public interests but should rather be interpreted in the light of the circumstances of each individual case....

... domestic authorities did not sufficiently assess whether the gathering of a certain number of inmates for Friday prayers may, in the individual circumstances of the case, generate a security risk that they should have been treated differently from the collective gatherings of inmates for cultural or rehabilitative purposes, which were permitted by law....

The Court issued a press release announcing the decision.