Constitutional Court

Page 3

Constitutional Court finds no violation in case of killed Gezi protester Abdullah Cömert

Constitutional Court finds no violation in case of killed Gezi protester Abdullah Cömert

The sentence given to the police officer who fired the tear gas cartridge that killed Cömert was "proportionate," the top court has ruled.

Worker's firing over Facebook post about manager violated free expression, rules top court

Worker's firing over Facebook post about manager violated free expression, rules top court

A worker was dismissed because of social media posts about pressures faced by subcontract workers.

Top court refuses to release Aysel Tuğluk despite severe illness

Top court refuses to release Aysel Tuğluk despite severe illness

Instead, the Constitutional Cort issued an injunction order for the "necessary measures for the protection of the life and material and spiritual integrity of the applicant."

Preventing prison visits violates Constitution, top court rules

Preventing prison visits violates Constitution, top court rules

The prison administration had rejected the applicant's application to determine a visitor list, which violated his right to privacy, according to the court.

Constitutional Court: One-person sit-in protest cannot disrupt public order

Constitutional Court: One-person sit-in protest cannot disrupt public order

A teacher dismissed by a statutory decree was fined for staging a sit-in protest, demanding her job back.

29 July 2022 Ayça Söylemez

Constitutional Court: Distributing leaflets and holding demonstrations are constitutional rights

Constitutional Court: Distributing leaflets and holding demonstrations are constitutional rights

The top court found rights violations in two separate cases about demonstrations and gatherings.

Constitutional Court: 'Unjust provocation' can not be applied to the shooting of a 12-year-old

Constitutional Court: 'Unjust provocation' can not be applied to the shooting of a 12-year-old

Turkey's Constitutional Court overturned the decision in the killing of a 12-year-old boy, Nihat Kazanhan, who lost his life after being shot with a gun by the police. The case will be reopened.

Constitutional Court rules Aysel Tuğluk's right to a fair trial violated

Constitutional Court rules Aysel Tuğluk's right to a fair trial violated

The top court recently rejected another application by Tuğluk regarding the Kobanî trial. "They reject essential applications and give verdicts of violation in simple cases," said her lawyer.

Protester beaten by police to be paid compensation, top court rules

Protester beaten by police to be paid compensation, top court rules

The Constitutional Court has ruled that Nuray Zencir, who was battered during a demonstration, was subjected to treatment incompatible with human dignity.

HDP closure case: Constitutional Court accepts 'new evidence'

HDP closure case: Constitutional Court accepts 'new evidence'

The prosecution had submitted MP Semra Güzel's resurfaced photos with a PKK member as new evidence.

Condemning the journalist to univocality? Not that easy!

BIA MEDIA MONITOR / JANUARY-FEBRUARY-MARCH 2022

Condemning the journalist to univocality? Not that easy!

According to the BİA Media Monitoring Report, at least six journalists and one media outlet were attacked and Ses Kocaeli Newspaper’s owner Arslan was killed in an armed attack in the first 3 months of 2022. Happy World Press Freedom Day!

3 May 2022 Erol Önderoğlu

Turkey's Constitutional Court President calls for ‘separation of powers’

Turkey's Constitutional Court President calls for ‘separation of powers’

Marking the 60th anniversary of the top court, Constitutional Court President Zühtü Arslan said that the main duty of courts is to protect justice.

Constitutional Court finds no violation in not allowing Kurdish child given name containing 'w'

Constitutional Court finds no violation in not allowing Kurdish child given name containing 'w'

The top court has ruled that changing the child's name from "Ciwan" to "Civan" could not be considered discrimination.

Top court overturns the fine over banner requesting workers' release

İSTANBUL AIRPORT

Top court overturns the fine over banner requesting workers' release

The Constitutional Court has given a ruling of rights violation for the fine imposed over the banner about the workers killed in occupational homicides in the new İstanbul Airport and the workers arrested during the protests at the construction site.

Killing of environmentalist couple to be taken to Constitutional Court

Killing of environmentalist couple to be taken to Constitutional Court

The daughter of Ali Ulvi and Aysin Büyüknohutçu, who were killed in Antalya in 2017, has said that “since the beginning, a ‘hidden hand’ has tried to tamper with the evidence” and announced that she will apply to the Constitutional Court.

Constitutional Court: Tracking employee working hours by fingerprinting violates rights

Constitutional Court: Tracking employee working hours by fingerprinting violates rights

A municipal employee had applied to the top court demanding the cancellation of fingerprint tracking.

Constitutional Court: Ignoring mobbing faced by nurse violates rights

Constitutional Court: Ignoring mobbing faced by nurse violates rights

Turkey’s top court has handed down its ruling in the application of a nurse subjected to psychological harassment: “The administration did not take measures to ensure that the acts of doctor H.Ö.U. would not be repeated.”

Compulsory religion class violates ECHR, Constitutional Court rules

Compulsory religion class violates ECHR, Constitutional Court rules

The ruling comes after a 13-year long legal struggle of a family who wanted their child exempted from religion classes.

Constitutional Court: Former HDP deputy Güven's arrest violated her rights

Constitutional Court: Former HDP deputy Güven's arrest violated her rights

Leyla Güven was kept in prison despite being elected an MP in 2018. She was later stripped of her MP status in June 2020 because of the sentences she had received.

Newspaper’s payment of damages to an MP over news 'violated its rights’

CONSTITUTIONAL COURT

Newspaper’s payment of damages to an MP over news 'violated its rights’

Turkey’s top court has concluded that the rights of a local newspaper were violated when it was sentenced to pay damages to former CHP MP Pekşen: “It poses a serious obstacle to the discussion of issues concerning public good".

Constitutional Court finds dismissed co-mayors’ applications ‘inadmissible’

Constitutional Court finds dismissed co-mayors’ applications ‘inadmissible’

Turkey’s top court has finalized the application of former co-mayors of Diyarbakır’s Sur and Hani who were replaced by state-appointed trustees: “The alleged violation of the right to a fair trial is manifestly ill-founded”.

Turkey’s top court president says there is ‘a structural problem with lengthy trials’

Turkey’s top court president says there is ‘a structural problem with lengthy trials’

Constitutional Court President Zühtü Arslan has said that the number of individual applications pending before the top court has neared 90 thousand and nearly 75 percent of them are related to the right to a fair trial.

Constitutional Court rejects the application of HDP MP Semra Güzel

Constitutional Court rejects the application of HDP MP Semra Güzel

Turkey’s top court has rejected the request for the annulment of the Parliamentary decision lifting the legislative immunity of HDP Diyarbakır MP Semra Güzel.

Turkey's top court paves way for convictions solely based on anonymous witness statements

Turkey's top court paves way for convictions solely based on anonymous witness statements

Anonymous witnesses have been a controversial issue in political trials in Turkey since they were introduced in 2008.

18 February 2022

Turkey’s top court rejects jailed journalist Sedef Kabaş’s request for release

Turkey’s top court rejects jailed journalist Sedef Kabaş’s request for release

The Constitutional Court has rejected the request for journalist Sedef Kabaş’s “immediate release with a cautionary judgment.” In pre-trial detention since late January, Kabaş faces up to 12 years, 10 months in prison on “insult” charges.

17 February 2022

‘Constitutional Court’s workload is heavier than that of the ECtHR’

COURT PRESIDENT ARSLAN

‘Constitutional Court’s workload is heavier than that of the ECtHR’

Turkey’s Constitutional Court President Zühtü Arslan has announced that only in January 2022, nearly 12 thousand individual applications were submitted to the Constitutional Court, noting that “the workload has taken a dramatic dimension”.

15 February 2022

Turkey’s top court finds journalist Cemil Uğur’s arrest for reporting on torture unlawful

Turkey’s top court finds journalist Cemil Uğur’s arrest for reporting on torture unlawful

The Constitutional Court has concluded that “the right to personal liberty and security” of journalist Cemil Uğur has been violated. The journalist spent six months in pre-trial detention after reporting on torture in Turkey’s Van province.

8 February 2022

Constitutional Court rejects the application of jailed PKK leader Öcalan’s lawyers

Constitutional Court rejects the application of jailed PKK leader Öcalan’s lawyers

The Asrın Law Office applied to the Constitutional Court as they are unable to meet or hear from their clients held in İmralı Prison. The top court rejected the application on January 12 and notified the lawyers on January 31.

3 February 2022

Journalist Mehmet Güleş’s application rejected by Constitutional Court

Journalist Mehmet Güleş’s application rejected by Constitutional Court

Güleş was sentenced to 9 years, 4 months in prison over his news and social media posts. The Constitutional Court has concluded that his freedom of expression was not violated by this conviction.

28 January 2022

Parliament elects former AKP politician as Constitutional Court member

Parliament elects former AKP politician as Constitutional Court member

Top court members appointed during Erdoğan's presidency will reach the 2/3 majority, which is required for closing a political party.

20 January 2022

Turkey's top court finds ‘no violation of rights’ in injury during Gezi resistance

Turkey's top court finds ‘no violation of rights’ in injury during Gezi resistance

Constitutional Court concludes that the prohibition of ill treatment was not violated by the police intervention given that the pressurized water sprayed by the anti-riot water cannon vehicle was found “necessary and proportionate” in the investigation.

18 January 2022

Applications to Constitutional Court increase by 221 percent in 8 years

Applications to Constitutional Court increase by 221 percent in 8 years

While 20,578 individual applications were made to the top court in 2014, this number increased to 66,121 in 2021, according to the Constitutional Court statistics.

18 January 2022