Turkey's Constitutional Court ruled today (March 8, 2024) that denying a prisoner access to the Spanish edition of Miguel de Cervantes' "Don Quixote" without a translation is a violation of freedom of expression. Published in the Official Gazette, the court declared that labeling "Don Quixote" as a publication endangering institutional security would be absurd.
The case involved Hasan Ataç, an inmate at Silivri Prison in Turkey, who ordered the Spanish version of "Don Quixote" but was denied access because the prison staff could not find anyone to translate it. The prison administration informed Ataç that the book could be delivered if he covered the cost of its translation. After his appeal to the Enforcement Court was rejected, Ataç turned to the Constitutional Court, claiming a breach of his right to free expression.
The Constitutional Court, in its ruling, stated that requiring a translation of "Don Quixote" for review infringed upon the freedom of expression. The court noted, "Cervantes is regarded as one of the most significant figures in Spanish literary history, and he wrote 'Don Quixote' in Spanish. A work that is part of Europe's shared heritage and has been translated into nearly every language in the world, including Turkish multiple times, requires careful examination to determine whether it poses a security risk to the institution."
The court further emphasized that "Don Quixote" is a part of the common cultural heritage of humanity and that considering it a publication that could endanger institutional security or contain obscene news, writings, photographs, and comments would be nonsensical. The court highlighted that imposing the translation burden on the applicant constitutes a violation of freedom of expression.
Silivri Prison, located near Istanbul, is one of the largest high-security prisons in Turkey and often makes headlines due to its high-profile inmates, including journalists, politicians, and activists. The Constitutional Court's decision underscores the ongoing debate in Turkey regarding freedom of expression and human rights in the context of prison conditions and access to literature and information.
