Constitutional Court: Protesting Pro-Government Ensar Foundation Should be Allowed

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The Constitutional Court recalled the right to assembly and demonstration in the case about the monetary fine against a university student for showing a banner in protest of the pro-government Ensar Foundation.

The foundation was accused of child abuse over a 2016 incident where about a dozen children were allegedly raped in Karaman province.

Ruling that the student's right was violated, the Constitutional Court said, "In the event that demonstrators are not involved in acts of violence or when it cannot be proved that there was a danger of harm caused by the gathering, as in this case, public authorities should tolerate the right to hold meetings and demonstrations to a certain extent."

The reasoned decision also said that monetary fines have a deterrent effect on demonstrations:

"Article 34 of the Constitution ensures that those who participate in peaceful gatherings and demonstrations are not subjected to the slightest penalty unless they are involved in an incident that can be legally condemned. Because sanctions such as the imposition of administrative fines on those participating in peaceful demonstrations may have a deterrent effect on the exercise of their rights.

"Therefore, it was concluded that the interference with the applicant's right to hold meetings and demonstrations could not be regarded as an interference with the requirements of democratic social order."

What happened?

Hayriye Özde Çelikbilek, a student at Ankara University Faculty of Languages, History and Geography at the time, was among the group that gathered in front of the Ensar Foundation's Ankara branch on March 25, 2016.

The protesters put a banner that read, "Ensar Foundation, the home of rape, should be closed - Student Collectives," near the foundation's building. On the banner, there was an arrow pointing toward the building.

A police team came in front of the building and took minutes. The minutes said that it was written, "Rapist Ensar" on the building's walls and the signboard on the building with spray paint and that the group dispersed after the protest.

Following the demonstration, Çelikbilek was detained in a raid to her house and was brought to Çankara District Security Directorate. She was given a fine of 219 Turkish lira (~80 US dollars as the time) upon the Law of Misdemeanor.

Çelikbilek appealed the fine at the Ankara 3rd Penal Court of Peace, stating that the demonstration was peaceful and within the scope of the freedom of expression.

When her appeal was rejected, she applied to the Constitutional Court.

The top court ruled today (November 28) that Article 34 of the Constitution was violated and the case should be sent to the Ankara 3rd Penal Court of Peace for a retrial. (AS/VK)