Courts Don’t Release Alpay, Altan Despite Constitutional Court’s Decision

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İstanbul 13th and 26th Heavy Penal Courts ruled continuation of arrest of Şahin Alpay and Mehmet Altan, who are tried for "being a member of the Fethullahist Terrorist Organization (FETÖ)" pending trial in jail, last night (January 11).   

On the same day before the courts’ decision, the Constitutional Court (AYM) ruled that Altan and Alpay’s “right to personal freedom and security” and “freedom of expression and press” have been violated.

The AYM decided to send the file of Alpay to İstanbul 13th Heavy Penal Court and file of Altan to İstanbul 26th Heavy Penal Court.

Altan and Alpay’s lawyers demanded their release following AYM’s decision.

According to Oya Armutçu from Hürriyet daily newspaper, both courts rejected the lawyers’ demand on the ground that the AYM’s decision wasn’t published on the Official Gazette and AYM’s reasoned decision hasn’t reached the court yet.

Bozdağ: Constitutional Court has crossed border drawn by law

Vice Prime Minister and Government Spokesperson Bekir Bozdağ has made evaluations on Twitter about the AYM’s decision of release of Alpay and Altan.

Claiming that the AYM has crossed the line drawn by law, Bozdağ briefly said:

“As concluding individual applications, the Constitutional Court is tied to the constitution and legal rules; it cannot cross the boundaries of the constitution and law. It cannot act like court of appeal or court of first instance and cannot render a verdict like it is not bind by any rule.

“With its decision of Alpay and Altan, the Constitutional Court crossed the border drawn by the constitution and law, it acted like a court of first instance and examined evidence and made evaluation on the condition of evidence”. (HK/TK)