Constitutional Court: Police Intervention Violates the Constitution

Constitutional Court’s verdict related to police attack to protesters while they were trying to walk from İzmir to Ankara has been published today in official gazette. Protesters from Confederation of Public Workers' Unions (KESK) and Education and Science Workers’ Union (Eğitim-Sen) were demonstrating against the education system, 4+4+4.

Court gave a verdict that police violated Article 17 related to ill treatment and Article 34 related to the rights to assembly and demonstration of constitution.

Teachers Özcan Çetin, Orhan Bayram, Veli Irmak, Tunay Özaydın, Deniz Doğan and education inspector Ali Rıza Özer appealed to Constitutional Court with the claim that police stopped them from walking from İzmir to Ankara and their protesting educational system by using disproportionate force against them on March 27, 2012.

The verdict of Constitutional Court is as below:

 “While people march and protest police must be controlled and take due precautions should panic and chaos happens and harmless protesters must not be affected and interfered. If there is a chaotic ambiance, police may intervene.

 “The right to assembly and demonstration guaranteed by article 34 has been violated by the police. 

Constitutional Court indicated that banning people from demonstrating was not acceptable in a pluralist and democratic society and stressed that it was expected from police to be more patient and tolerant against peaceful protestors. (AS/BD)

Constitution’s Article 34: Everyone has the right to hold unarmed and peaceful meetings and demonstration marches without prior permission. The competent administrative authority may determine a site and route for the demonstration march in order to prevent disruption of order in urban life. The formalities, conditions, and procedures governing the exercise of the right to hold meetings and demonstration marches shall be prescribed by law.

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