Constitutional Court

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HDP says 'nonsensical' closure indictment not prepared by prosecutors but by ruling parties

HDP says 'nonsensical' closure indictment not prepared by prosecutors but by ruling parties

The Constitutional Court rapporteur yesterday requested the indictment to be returned for the rectification of procedural deficiencies.

Constitutional Court rejects application against Gergerlioğlu's expulsion from parliament

Constitutional Court rejects application against Gergerlioğlu's expulsion from parliament

HDP's Gergerlioğlu was stripped of his parliamentary seat on March 17.

Constitutional Court rapporteur returns HDP indictment

CLOSURE CASE

Constitutional Court rapporteur returns HDP indictment

The rapporteur assigned with examining the indictment of the closure case filed against the HDP has returned the indictment due to procedural deficiencies.

Dissenting top court judge says Kavala's arrest resembles a 'Kafkaesque labyrinth'

JUSTIFIED DECISION

Dissenting top court judge says Kavala's arrest resembles a 'Kafkaesque labyrinth'

Despite "strong and brave" opinions stated by dissenting members, the Constitutional Court has chosen to "perpetuate right violations," Kavala's attorneys have said.

HDP closure case: First examination on March 31

HDP closure case: First examination on March 31

In the first examination, the Constitutional Court will decide whether the indictment is accepted or not. The top court will examine the application of dismissed HDP MP Ömer Faruk Gergerlioğlu on the same day.

Constitutional Court ruling on a death during Kobanê protests

Constitutional Court ruling on a death during Kobanê protests

The Constitutional Court has ruled that the lawsuit for damages filed by the family of Emrah Demir, who was shot to death during Kobanê protests in Batman province 8 years ago, shall be held again.

HDP’s Gergerlioğlu appeals against his expulsion from Parliament

HDP’s Gergerlioğlu appeals against his expulsion from Parliament

Ömer Faruk Gergerlioğlu, stripped of his MP status, has applied to the Constitutional Court. He has referred to CHP’s Berberoğlu, who has regained his status as an MP following a ruling of right violation by the top court.

Constitutional Court ruling of ‘false imprisonment’ in Büyükada trial

Constitutional Court ruling of ‘false imprisonment’ in Büyükada trial

Concluding the application of rights defender Özlem Dalkıran, who was on trial in the Büyükada case, the Constitutional Court has unanimously concluded that her right to personal liberty and security was violated by her imprisonment.

How will the closure case against HDP proceed? Everything to know

How will the closure case against HDP proceed? Everything to know

Having assigned a rapportetur for the initial examination of the case, the Constitutional Court will decide within 15 days whether it will accept the indictment against the party.

Closure case against HDP, request for political ban on 687 people

Closure case against HDP, request for political ban on 687 people

Chief Public Prosecutor of the Court of Cassation has applied to the Constitutional Court and filed a lawsuit for closing the Peoples’ Democratic Party (HDP). The indictment against the party has been sent to the Constitutional Court.

‘Constitutional Court ruling won’t be awaited’ in Gergerlioğlu’s case

PARLIAMENTARY SPEAKER

‘Constitutional Court ruling won’t be awaited’ in Gergerlioğlu’s case

Parliamentary Speaker Şentop has made a statement about the final ruling against HDP MP Gergerlioğlu: “It is out of the question to wait for the result of his individual application to Constitutional Court.”

Constitutional Court: Festus Okey’s right to life violated

Constitutional Court: Festus Okey’s right to life violated

Turkey’s Constitutional Court has concluded that the right to life of Festus Okey, who was killed by the police in detention, was violated on material and procedural grounds. The family of Okey will be paid 80,000 lira in damages.

Constitutional Court finds rights violation in public ad ban on Korkusuz newspaper

Constitutional Court finds rights violation in public ad ban on Korkusuz newspaper

The Press Advertising Agency violated freedom of expression and the press by imposing a ban on the newspaper because of an article, the top court has ruled.

Constitutional Court rejects arrested lawyer Aytaç Ünsal’s application

Constitutional Court rejects arrested lawyer Aytaç Ünsal’s application

Arrested lawyer Aytaç Ünsal previously appealed to the Constitutional Court on the grounds that his treatment following his 215-day death fast was interrupted. The top court has rejected his request for deferring the execution.

25 February 2021

Top court cancels Communications Directorate’s authority over state-run news agency

Top court cancels Communications Directorate’s authority over state-run news agency

The Constitutional Court has cancelled the Presidential Communications Directorate’s authority of inspection over the state-run Anadolu Agency (AA) on the grounds that the related authority renders the AA’s autonomy meaningless.

24 February 2021

Constitutional Court: Judicial fine for comment on 1980 coup leader violated free expression

Constitutional Court: Judicial fine for comment on 1980 coup leader violated free expression

A person was given a judicial fine for criticizing a politician who praised Kenan Evren.

23 February 2021 Ayça Söylemez

Ruling of right violation for journalist’s arrest over a tweet

Ruling of right violation for journalist’s arrest over a tweet

The Constitutional Court has concluded that the right to personal liberty and security of journalist Hakan Aygün has been violated by his arrest over a tweet containing a wordplay with IBAN and "iman," which means "faith" in Turkish in a religious context.

23 February 2021

‘This Constitutional Court ruling is a precedent for all journalists’

LAWYER MERİÇ EYÜBOĞLU

‘This Constitutional Court ruling is a precedent for all journalists’

Meriç Eyüboğlu, the attorney of former bianet reporter Beyza Kural, has spoken to bianet about the Constitutional Court’s ruling of right violation given for the police violence that Kural was subjected to while covering a students’ protest in 2015.

23 February 2021 Ayça Söylemez

Bahçeli targets Constitutional Court, HDP again

Bahçeli targets Constitutional Court, HDP again

The MHP leader has said that the top court should dissolve itself and his party will apply for the closure of the HDP.

17 February 2021

Discharged from public service, police officer rejected by top court as well

Discharged from public service, police officer rejected by top court as well

The Constitutional Court has concluded the application of a police officer against his discharge from public service. The top court has rejected the application, indicating that it can end in his reinstatement if the file is examined as to the merits.

16 February 2021 Ayça Söylemez

‘If his press card not given by Presidency, he is not a journalist’

JUSTICE MINISTRY

‘If his press card not given by Presidency, he is not a journalist’

The Constitutional Court requested the Justice Ministry’s opinion on the arrest of journalist Cemil Uğur, who reported on the two citizens thrown from a helicopter in Van. The Ministry has said, “He is not a press member.”

15 February 2021

Parliament to 'evaluate' top court decision for dismissed MP's reinstatement

Parliament to 'evaluate' top court decision for dismissed MP's reinstatement

The Constitutional Court ruled on January 21 for the second time that Berberoğlu's right to be elected was violated after he was stripped of MP status.

11 February 2021

‘Constitutional Court rulings are binding,’ emphasizes court president

‘Constitutional Court rulings are binding,’ emphasizes court president

Constitutional Court President Zühtü Arslan made a speech at the oath-taking ceremony of İrfan Fidan, the previous Chief Public Prosecutor of İstanbul who has recently been appointed to the supreme court by President Erdoğan.

9 February 2021

Court abides by Constitutional Court ruling on Enis Berberoğlu

Court abides by Constitutional Court ruling on Enis Berberoğlu

Having defied the first Constitutional Court ruling on Enis Berberoğlu, the İstanbul 14th Heavy Penal Court has now ruled that all final verdicts against the dismissed MP as well as their consequences shall be eliminated.

8 February 2021

Prosecutor’s office urges court to abide by Constitutional Court ruling

SECOND RULING ON BERBEROĞLU

Prosecutor’s office urges court to abide by Constitutional Court ruling

The prosecutor’s office has pronounced its opinion as to the second ruling of right violation given for dismissed CHP MP Berberoğlu. The office has requested that the court accept the request for retrial and halt the proceedings in the trial.

8 February 2021

‘Failure to investigate gunshot injury of Sibel Çapraz violated her rights’

CONSTITUTIONAL COURT

‘Failure to investigate gunshot injury of Sibel Çapraz violated her rights’

The Constitutional Court has concluded that the failure to launch an investigation into the incident where DBP’s Sibel Çapraz was injured in a random shooting of the police in Hakkari in 2015 has violated her rights.

1 February 2021

Erdoğan appoints judge to Constitutional Court after only 20-day term at Court of Cassation

Erdoğan appoints judge to Constitutional Court after only 20-day term at Court of Cassation

Having prosecuted several important political cases as İstanbul's chief public prosecutor, judge Fidan was appointed to the Court of Cassation in late November and announced his candidacy for the cop court a few days later.

25 January 2021

Application to Constitutional Court: Enforce ECtHR judgement on Demirtaş

Application to Constitutional Court: Enforce ECtHR judgement on Demirtaş

Mahsuni Karaman, an attorney for jailed politician Selahattin Demirtaş, has announced that an individual application has been made to the Constitutional Court regarding his continued imprisonment despite ECtHR rulings of “immediate release.”

25 January 2021

Second ruling of right violation for Enis Berberoğlu

CONSTITUTIONAL COURT

Second ruling of right violation for Enis Berberoğlu

Constitutional Court has concluded the application of Enis Berberoğlu over the failure of the local court to enforce its first ruling of right violation. The supreme court, for the second time, has concluded that the rights of Berberoğlu have been violated.

21 January 2021

300 thousand individual applications to Constitutional Court in 8 years

300 thousand individual applications to Constitutional Court in 8 years

The right to a fair trial, with 63.3 percent, ranks first when the rulings of right violation are distributed by rights and freedoms. This right violation is followed by property rights with 19.4 percent and right to freedom of expression with 4.2 percent.

18 January 2021

Constitutional Court gives third ruling of right violation for Şahin Alpay

Constitutional Court gives third ruling of right violation for Şahin Alpay

Turkey’s Constitutional Court has, for the third time, concluded that journalist Şahin Alpay’s “right to personal liberty and security” has been violated. This last application was about the house arrest given to the journalist in 2018.

7 January 2021 Ayça Söylemez

Constitutional Court finds Pastor Brunson’s application ‘inadmissible’

Constitutional Court finds Pastor Brunson’s application ‘inadmissible’

Turkey’s Constitutional Court has concluded that the arrest of Pastor Brunson and his release to house arrest “were relying on factual bases”. The Court has found his application “inadmissible.”

7 January 2021 Ayça Söylemez