The Istanbul 12th High Criminal Court revoked the permission issued to the Istanbul University regarding police searches. For one year, the students' bags were searched by the police at the entrance of the university. The court reasoned, "There is no state of emergency or martial law applied for Istanbul". The court decreed for a violation of private life and of the presumption of innocence.
Students of the renowned university had complained about the decision for the search that was described by the court as a "one-year decision for a general search of people who are not suspected of any concrete crime". The court announced that the decision was opposing the Constitution and the European Convention on Human Rights.
It was stated that preventive searches had to be proportional and limited.
The court pointed to the fact that the reasons counted in the Judicial Preventive Search Regulation outweighed the reasons stated in the Constitution. It was emphasized that it might create a practice where "the fundamental rights and freedoms are restricted by regulations instead of laws and the Constitution.
Investigation about students
The initial search decision was obtained upon the application of the university rectorate to the prosecution. It was then issued to the police by an application to court. On behalf of the decision, the police was permitted to search bags, apparel, parcels etc. of people who entered the premises of the university in the district of Fatih (Istanbul). The decision was given by the Istanbul 1st Magistrate Criminal Court.
Some students who were informed about the decision by a notice on the bulletin board filed an appeal.
In the meantime, an investigation was launched about students who criticized the decision and refused to have their bags searched.
After the situation had made the headlines of the Turkish media, Dean Yunus Söylet announced that this decision had been applied since 2009 but that the situation was going to be reviewed. (EÜ/VK)
