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Constitutional Court
Page 10
Ruling on Injury by Gas Cartridge: Prosecutor Didn’t Investigate Police
Announcing its ruling on an applicant injured by a gas cartridge, Constitutional Court has ruled that the prosecutor’s office did not investigate the allegations of maltreatment against the police, did not collect evidence and “failed to act."
25 December 2019
Ayça Söylemez
Constitutional Court Ruling on Machete Attacker: Police Didn’t Act with Due Diligence
The Constitutional Court has ruled that police officers did not act with due diligence in responding to the machete attack during Gezi Resistance. The journalist wounded in the incident will be paid 32,500 lira in non-pecuniary damages.
25 December 2019
Constitutional Court Repeals Regulation on Additional Measures Against the Discharged
The Constitutional Court has repealed the article preventing applications to the State of Emergency Commission regarding the additional measures imposed by Statutory Decrees, such as the cancellation of passports and international travel bans.
25 December 2019
Moral Support Doesn’t Mean Incitement to Violence, Says Constitutional Court
The Constitutional Court has announced its ruling on a student sentenced to prison for singing the anthem “Çerxa Şoreşe” (Wheels of Revolution). The court has concluded that his freedom of expression has been violated.
18 December 2019
Ayça Söylemez
Constitutional Court: Fine Imposed on Journalist over Article Violated Freedom of Expression
Journalist and writer Tuşalp was sentenced to pay a fine in 2014 upon a complaint by Fethullah Gülen.
12 December 2019
CONSTITUTIONAL COURT RULING
Non-Pecuniary Damages for Police Attack at Funeral of Berkin Elvan
The Constitutional Court has announced its ruling on Fırat, who was wounded in the police attack at the funeral ceremony of Berkin Elvan: The prohibition of ill treatment has been violated and Fırat shall be paid 10,000 TRY in non-pecuniary damages.
10 December 2019
Ayça Söylemez
Verdict of Right Violation for Student Injured by Tear Gas Canister During Gezi
Announcing its verdict on Şahin, who was injured by a tear gas canister during Gezi Park protests in 2013, the Constitutional Court has ruled that his right to assembly and demonstration and prohibition of degrading treatment have been violated.
9 December 2019
Constitutional Court: Protesting Pro-Government Ensar Foundation Should be Allowed
The top court has announced its decision on an application by a university student who was fined because of showing a banner that said, "The Ensar Foundation, the home of rape, should be closed."
28 November 2019
Ayça Söylemez
Constitutional Court: Verdict of Non-Prosecution on Sexual Abuse Allegation Violated Rights
A court violated the prohibition of mistreatment by its decision of non-prosecution in a case against a man who allegedly sexually abused his wife's 14-year-old niece, according to the Constitutional Court verdict.
27 November 2019
‘Emotional Impact’ Ruling by Constitutional Court: Press Freedom of Yeni Akit Violated
The Constitutional Court has concluded that the freedom of expression and press of pro-government daily Yeni Akit has been violated: “Freedom of expression needs to be considered independently of the emotional impact created by the expression.”
19 November 2019
Ayça Söylemez
CONSTITUTIONAL COURT
‘Exaggerated and Provocative Statements Fall Within Freedom of Expression’
Announcing its ruling on a libel suit filed by one journalist against another, the Constitutional Court has concluded that “freedom of expression should be interpreted so broadly to allow exaggeration and even provocation to a degree.”
12 November 2019
Ayça Söylemez
PRECEDENT BY CONSTITUTIONAL COURT
'One Cannot be Convicted of Terrorism for Attending Events of a Legal Organization'
Evaluating the application of Urhan, who was convicted of "membership of a terrorist organization," the Constitutional Court has found it unlawful that participating in the activities of a legal organization was a reason for conviction.
8 November 2019
Ayça Söylemez
Prosecutor's Office Didn't Investigate 'Illegal Wiretapping Upon Anonymous Notification'
The Constitutional Court has ruled that phone tapping over anonymous notifications violated rights and the Chief Public Prosecutor's Office did not investigate the role of the Directorate of Telecommunication and Communication in the tappings.
7 November 2019
‘Public Officers Can Also Protest a Minister’
The Constitutional Court has announced its ruling on an Education Union (Eğitim-Sen) member teacher penalized for applauding the Minister of Education in protest. The Court has ruled that his freedom of association has been violated.
6 November 2019
Ayça Söylemez
Constitutional Court Ruling of ‘Non-Pecuniary Damages’ in Bomb Attack
The Constitutional Court has given its justified ruling on Uçar family who were injured in a bomb attack in Aydın. The Court has ruled that the case shall be heard again as the family has a right to receive non-pecuniary damages.
6 November 2019
Ayça Söylemez
Constitutional Court Ruling on ‘Banner Case’: Opinions Can Disturb Society
The Constitutional Court has announced its ruling on students sentenced to pay a fine for opening a banner at university: “The right to assembly and demonstration does not solely protect the views and opinions accepted by the wider society."
1 November 2019
Ayça Söylemez
Constitutional Court: Four Orders of Publication Ban Violated Rights
The top court has announced its verdict after combining four applications, including an application by bianet, on different orders of broadcast and publication bans.
23 October 2019
Hikmet Adal
Constitutional Court: Child's Right to Life Violated Due to Receiving Shock from Power Unit
The court has said that public authorities "should immediately implement appropriate administrative measures to protect children and people in need of special protection."
9 October 2019
Court Rules for Release of Sırrı Süreyya Önder
The İstanbul 26th Heavy Penal Court has written down the ruling of release of Sırrı Süreyya Önder. Speaking to bianet, his lawyer Arzu Eylem Kayaoğlu has stated that Önder is expected to be released in evening hours.
4 October 2019
JUSTIFIED RULING ON SIRRI SÜREYYA ÖNDER
Constitutional Court: There is No Violence, Threat or Hate in His Speech
The General Assembly of the Constitutional Court has announced its justified ruling on former HDP MP Sırrı Süreyya Önder. While the Court has concluded that his right to freedom of expression has been violated, Önder has not yet been released.
4 October 2019
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‘Why Doesn’t Constitutional Court Take Any Action About Application of Demirtaş?’
Lawyer Kayaoğlu has emphasized that the Constitutional Court, which has recently concluded that freedom of expression of Sırrı Süreyya Önder is violated, has not yet responded to the application of imprisoned former HDP Co-Chair Selahattin Demirtaş.
3 October 2019
Evrim Kepenek
Constitutional Court: Freedom of Expression of Sırrı Süreyya Önder Violated
Constitutional Court has concluded that the freedom of expression of former HDP MP Sırrı Süreyya Önder has been violated by his prison sentence of 3 years, 6 months on charge of "propagandizing for a terrorist organization".
3 October 2019
Constitutional Court: Demonstration Ban in State of Emergency is a Right Violation
The Constitutional Court has concluded that the penal fine given to Education Union (Eğitim-Sen) member teacher Elma for violating the demonstration ban during the State of Emergency in Antalya violated her right to assembly and demonstration.
1 October 2019
Confidence in Judicial System Extremely Low, Says Constitutional Court Deputy President
Turkey needs a judicial culture that is based on rights and conscience, Yıldırım has remarked.
24 September 2019
Constitutional Court President Says They Have 47 Thousand Individual Applications to Conclude
President of the Constitutional Court Arslan has said, "Since 2012, over 244 thousand individual applications have been made to the Constitutional Court. Our court concluded 197 thousand of them."
23 September 2019
Constitutional Court: Broadcast Ban Violates Freedom of Expression and Press
Announcing its verdict regarding the appeal of Halk TV channel, the Constitutional Court has concluded that the broadcast ban imposed on news about a committee established to investigate four former ministers has violated “freedom of press and expression".
17 September 2019
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ATTORNEY MERİÇ EYÜBOĞLU COMMENTS FOR BİANET
Constitutional Court: Right to Assembly and Demonstration Violated on May Day in 2009
Commenting on the verdict of right violation given by the Constitutional Court for the police violence on May Day in 2009, attorney Eyüboğlu has criticized that the ruling has failed to address the use of chemical gas during the intervention.
13 September 2019
Pınar Tarcan
CHP Submits Bill of Law for Reinstatement of Academics for Peace
CHP Group Deputy Chair Özgür Özel has announced that after the Constitutional Court has given a ruling of right violation for Academics for Peace, they have submitted a bill of law for the reinstatement of 406 academics.
11 September 2019
Constitutional Court Rules for 100 Thousand Liras of Compensation for 'Unlawful Arrest'
Concluding the individual applications of four people who were arrested for periods of one to three years, the Constitutional Court ruled a total of 100 thousand liras of non-pecuniary damage shall be paid to them "because the arrests were not lawful".
11 September 2019
Ayça Söylemez
Constitutional Court: Police Violence Against Journalist 'Violation of Freedom of Expression'
The court has ruled that freedom of expression is violated in the case of journalist İmrek who was beaten by the police while on duty.
10 September 2019
Constitutional Court Rejects Appeal for ‘Effective Investigation’ in Hrant Dink Murder Case
The Constitutional Court has rejected the application of Dink Family, who previously appealed to the court, requesting an effective investigation against the state officials who could not be investigated in Hrant Dink murder case.
29 August 2019
Constitutional Court: We Could Disagree with Signatory Academics
In its justified ruling on academics signatory to the declaration “We will not be a party to this crime”, the Constitutional Court has concluded, “The statements that we do not agree could fall within the scope of freedom of expression.”
31 July 2019
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