Objection to Constitutional referendum results acquitted

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The trial over the commotion that ensued the prevention of the people who wanted to raise an objection against the results of the Constitutional referendum on April 16, 2017 has ended in acquittal.

Lawyer Efkan Bolaç and the main opposition Republican People's Party (CHP) İstanbul Youth Organization members wanted to go to the election council inside the İstanbul Courthouse in Çağlayan and to object to the minutes. There ensued a row between this group of around 200 people and the security personnel of the courthouse who wanted to prevent them.

A lawsuit was filed against seven people who were at the courthouse to submit a petition. They faced charges as per the Article 28/1 of the Law no. 2911 on Meetings and Demonstrations on the grounds that "they caused the public order at the courthouse to be disturbed."

The ruling has been announced four years later.

In its ruling dated April 8, 2021, the court has underlined that the defendants, who were at the courthouse to exercise their Constitutional rights, did not intend to hold a meeting or demonstration, but to submit their petitions of objection. All defendants have been acquitted.

The prosecutor objected to acquittals. However, as the objection was raised after the due date expired, the objection has been rejected. The verdict of acquittal given for the defendants has become final.

'They exercised their Constitutional rights'

In the ruling of the İstanbul 14th Penal Court of First Instance, it has been indicated that "the defendants did not accept the charges, stating that they came in front of the İstanbul Courthouse to object to the referendum results with the aim of exercising their Constitutional rights."

The court ruling has noted that "the defendants' defense indicating that they gathered in front of the Courthouse to raise an objection against the referendum results is in line with the natural flow of life."

The ruling has also indicated that after the law enforcement officers intervened and as a result of the ensuing talks, the group calmed down and were admitted into the courthouse in a controlled manner, adding that they went up to the YSK office quietly to submit their petitions.

Underlining that the defendants' right of objection to the referendum results stemmed from the Constitution, the court has ruled for the acquittal of the defendants on the grounds that the elements of the charged offense of "organizing and leading an unlawful demonstration or participating in the actions of those who organized and led it" were not constituted.

What happened?

According to the official results of the Constitutional referendum on April 16, 2017, 51.41 percent of the voters said "Yes" to the Constitutional amendment foreseeing Turkey's adoption of the Presidential Government System, while 48.59 percent voted against the amendment.

Objections were raised against the referendum results all around the country due to the irregularities in counting the votes. Most of the objections were rejected. It especially caused an outrage when the Supreme Election Council (YSK) announced that "the envelopes without the seals of the District Election Councils and Balloting Committees would be valid."

Hundreds of objections were also submitted to the İstanbul Provincial Election Council inside the İstanbul Courthouse in Çağlayan.

The main opposition CHP members came together in front of the İstanbul Courthouse in Çağlayan, opening a banner that read, "The Article 98 of the Election Law: The envelopes without the seals of the District Election Council and Balloting Committee shall be invalid."

Afterwards, they submitted their petitions of objection. The trial of seven people over the ensuing row has ended in acquittal. (AS/SD)