Constitutional Court

Page 4

Turkey has a problem with the right to a fair trial, Constitutional Court president admits

Turkey has a problem with the right to a fair trial, Constitutional Court president admits

More than 73 percent of the individual applications to the top court concerned the right to a fair trial, Zühtü Arslan has said.

10 January 2022

Both gains and concerns in journalists’ rights!

BIA MEDIA MONITOR / OCTOBER-NOVEMBER-DECEMBER 2021

Both gains and concerns in journalists’ rights!

In the last quarter of 2021, at least 214 journalists appeared before the judge in 81 court cases in Turkey, facing 23 different charges. At least 62 were charged with “organization membership” and 14 “terror propaganda.” Happy Working Journalists Day!

10 January 2022 Erol Önderoğlu,Sinem Aydınlı

Turkey's top court urges Parliament to eliminate structural problems within a year

PILOT RULING ON ACCESS BLOCKS

Turkey's top court urges Parliament to eliminate structural problems within a year

The Constitutional Court has concluded that the access blocks imposed on some news stories published on a series of news websites such as BirGün, Gazete Duvar and Diken were in violation of their rights and ruled for payment of damages.

Constitutional Court says cancelling Peace Academic’s passport violated his rights

Constitutional Court says cancelling Peace Academic’s passport violated his rights

Discharged by a Statutory Decree, Academic for Peace Onur Can Taştan’s passport was cancelled. The Constitutional Court has concluded that his rights were violated by this cancellation. Taştan will now be paid 13,500 lira in damages.

Constitutional Court finds rights violation in deadly 2004 train derailment

Constitutional Court finds rights violation in deadly 2004 train derailment

Forty-one people had lost their lives after a train derailment on the then newly introduced "accelerated train line." Only the train drivers received sentences for the incident.

Selahattin Demirtaş: I was born and compelled to be a politician

CLOSURE CASE SEEKING POLITICAL BAN

Selahattin Demirtaş: I was born and compelled to be a politician

Jailed politician Selahattin Demirtaş is one of the 451 HDP politicians facing a political ban as part of the HDP closure case. Demirtaş has addressed a petition of defense to the Constitutional Court, which hears the closure case.

22 December 2021

Constitutional Court holds public officials liable for not preventing male violence

LANDMARK RULING

Constitutional Court holds public officials liable for not preventing male violence

According to allegations, a woman, fearing for her life, went to the courthouse to file a criminal complaint. The prosecutor reportedly told her, “Why are you here? What are you yapping about? We have to worry about you now?”

3 December 2021

Diyarbakır Bar applies to Constitutional Court against HDP closure case

Diyarbakır Bar applies to Constitutional Court against HDP closure case

Diyarbakır Bar Association Chair Nahit Eren has appealed to the Constitutional Court and requested that the court case seeking the closure of the HDP and the request for banning 451 HDP politicians from politics be rejected.

3 December 2021

HDP closure case | Prosecutor submits his opinion to Constitutional Court

HDP closure case | Prosecutor submits his opinion to Constitutional Court

Bekir Şahin, the Chief Public Prosecutor of the Court of Cassation, presented his opinion as to the accusations to the top court and demanded that the HDP’s objections and requests in its defense be rejected, once again asking for its “permanent closure”.

30 November 2021

No inquiry against the prosecutors who ‘didn’t see’ the files on Ankara massacre

APPLICATION TO CONSTITUTIONAL COURT

No inquiry against the prosecutors who ‘didn’t see’ the files on Ankara massacre

Lawyers have applied to the Constitutional Court as the complaint against the prosecutors investigating the October 10 Ankara Massacre for “hiding evidence” was quashed by the decision of the 1st Board of Presidents of the Court of Cassation.

26 November 2021

Closure case | HDP’s defense sent to Court of Cassation for prosecutor's opinion

Closure case | HDP’s defense sent to Court of Cassation for prosecutor's opinion

After examining the 173-page preliminary defense of the HDP in the trial seeking its closure, Chief Public Prosecutor of the Court of Cassation Bekir Şahin will pronounce his opinion as to the accusations within a month.

11 November 2021

Closure case | HDP submits defense to Constitutional Court

Closure case | HDP submits defense to Constitutional Court

Lawyer Ümit Dede spoke about the HDP’s preliminary defense: “When we examine the second indictment, we see that the reasons for returning the first one have not been eliminated. These reasons also require the immediate dismissal of the case.”

8 November 2021

Constitutional Court: Access blocks violate rights, legal amendment necessary

Constitutional Court: Access blocks violate rights, legal amendment necessary

Examining nine different applications regarding the access blocks imposed by criminal judgeships of peace, Constitutional Court has concluded that “freedom of expression and press” has been violated and asked for a new law from the Parliament.

1 November 2021

335,324 individual applications to Constitutional Court since 2012

335,324 individual applications to Constitutional Court since 2012

While 89.3 percent of the individual applications finalized by the Constitutional Court were found inadmissible by the top court, 62.5 percent of the 14,911 applications with at least one right violation were about the right to a fair trial.

27 October 2021

Kurdish politician Osman Baydemir’s ‘right to assembly, demonstration violated’

CONSTITUTIONAL COURT RULING

Kurdish politician Osman Baydemir’s ‘right to assembly, demonstration violated’

The Constitutional Court has concluded that the rights of politician Osman Baydemir have been violated, underlining that the freedom to expressing opinions without arms and attacks and in a peaceful manner is guaranteed by the Constitution.

21 October 2021

Thirty union confederation members acquitted of 'terrorism' charges after 12 years of trials

Thirty union confederation members acquitted of 'terrorism' charges after 12 years of trials

The case was retried after the Constitutional Court ruled that demonstrations and meetings that the defendants attended could not be cited as a reason for membership of a terrorist organization.

15 October 2021

Constitutional Court rejects application about Suruç massacre

Constitutional Court rejects application about Suruç massacre

The Constitutional Court has found the application regarding the responsibility of public officials in Suruç massacre “ill-founded.”

For the first time, Turkey's Constitutional Court finds the state guilty in a feminicide

For the first time, Turkey's Constitutional Court finds the state guilty in a feminicide

The investigation into the officials who failed to take adequate measures to prevent a woman's killing will be reopened again, the top court has ruled.

Constitutional Court says not providing home to a single person is discrimination

Constitutional Court says not providing home to a single person is discrimination

With their home submerged in the water because of the Hasankeyf dam, a person was not given a new home because they were living alone and not married.

29 September 2021

‘Statutory limitations non-applicable to crimes against humanity without additional laws’

‘Statutory limitations non-applicable to crimes against humanity without additional laws’

Speaking about a court case filed into torture to death in detention, but closed due to statutory limitations, lawyer Kılıç says, “There is no need for additional legal regulations for the non-applicability of statutory limitations to crimes against humanity.”

27 September 2021 Ayça Söylemez

Constitutional Court orders state to pay 500,000 lira for 'impunity for torture and killing'

Constitutional Court orders state to pay 500,000 lira for 'impunity for torture and killing'

One person was tortured to death in detention in 1992. A soldier was found guilty, but the case was dropped due to the statute of limitations.

23 September 2021

Constitutional Court partly nullifies paragraph in state of emergency law

Constitutional Court partly nullifies paragraph in state of emergency law

The National Security Council does not have the authority to determine whether a group is acting against national security, the top court has ruled.

23 September 2021

Turkey’s top court says trans woman’s right to respect for privacy violated

Turkey’s top court says trans woman’s right to respect for privacy violated

The Constitutional Court has concluded the application of a trans woman whose application for changing her name was rejected as “she didn’t have gender reassignment surgery and society might have wrong perceptions if she had a woman’s name.”

22 September 2021

Constitutional Court rejects application for 'ill-treatment of dead body'

Constitutional Court rejects application for 'ill-treatment of dead body'

After a PKK member was killed during clashes with security forces in 2010, his family had applied to the top court, alleging that the body was burned after the autopsy.

15 September 2021

Constitutional Court says discharged Peace Academic’s rights violated

Constitutional Court says discharged Peace Academic’s rights violated

Discharged from university and faced with an international travel ban and constraint on her passport, Academic for Peace Akyüz could not go abroad for her academic studies. The top court has concluded that her right to respect for privacy was violated.

13 September 2021

Constitutional Court accepts HDP’s request for additional time in closure case

Constitutional Court accepts HDP’s request for additional time in closure case

When will the Peoples’ Democratic Party (HDP) make its defense in the closure case? How will the legal process proceed?

2 September 2021

‘Constitutional rights cannot be violated based on religious criteria’

18 NGOS TO JUSTICE MINISTRY

‘Constitutional rights cannot be violated based on religious criteria’

Releasing a joint statement, 18 non-governmental organizations have slammed the Justice Ministry for targeting the LGBTI+ community by calling them “haram” (forbidden by religion) in a reply to the Constitutional Court.

Constitutional Court: Prison sentence for column article violated journalist's rights

Constitutional Court: Prison sentence for column article violated journalist's rights

A local journalist was sentenced to 2 years and 5 months in prison because of his articles targeting a lawyer.

Boğaziçi exhibition case: Ministry of Justice defends arrests, cites 'haram' remarks about LGBTI+s

Boğaziçi exhibition case: Ministry of Justice defends arrests, cites 'haram' remarks about LGBTI+s

It was right to arrest two students because of an artwork depicting Kaaba, the ministry has claimed.

HDP requests additional time for defense in closure case

HDP requests additional time for defense in closure case

The party faces closure because of its alleged ties to the PKK. A previous indictment seeking the closure of the party was turned down in April.

Calling the father a ‘liar’ in custody case is freedom of expression, says the top court

Calling the father a ‘liar’ in custody case is freedom of expression, says the top court

A lawyer was penalized for writing “...the father has the disposition of a liar and fraud” in a petition during the custody case after he lied to his children that their mother had died. The Constitutional Court has concluded that it is within freedom of expression.

12 August 2021 Ayça Söylemez

Constitutional Court says suicide in prison violated inmate's right to life

Constitutional Court says suicide in prison violated inmate's right to life

In its judgement on an incident of suicide in Sincan Prison, the Constitutional Court has ruled that an investigation shall be launched into the incident six years later and that the family shall be paid 105 thousand lira in damages.