Constitutional Court Says Local Courts Cannot Dispute Its Authority

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The Constitutional Court has ruled that a court violated the rights of writer Mehmet Altan by not releasing him despite a Constitutional Court judgment.

The top court stated in the decision dated January 9 that the duty of the local courts is not to dispute the authority of it but to remove the situation that causes a rights violation, T24 reported.

Mehmet Altan was arrested on September 22, 2016, for charges related to the coup attempt on July 15, 2016. He made an individual application to the Constitutional Court on November 8, 2016. The top court ruled that his "personal freedom and security" and "freedom of press and expression" was violated and ordered his release on January 11, 2018.

The decision was sent to İstanbul 26th Heavy Penal Court and was published in the Official Gazette on January 11, 2018. However, the court rejected Altan's request for his release on the grounds that it had not received the reasoned judgment and dissenting opinions.

Appealing the verdict, Altan stated that the decision was published on the website of the Constitutional Court. İstanbul 27th Heavy Penal Court rejected the appeal.

The 26th and the 27th Heavy Penal Courts had rejected the top court's order, stating that it cannot replace the local courts and evaluate the evidence in case of an individual application. They also stated that "automatically" releasing the defendant upon a top court order would be against the principle of the independence of the courts.

In the decision, the Constitutional Court cited a European Court of Human Rights (ECtHR) judgment, which stated that the top court decisions are final and binding. (HA/VK)