Constitutional Court repeals 'deferment of the announcement of the verdict' legislation

Click to read the article in Turkish

The Constitutional Court (AYM) has repealed the articles regulating the deferment of the announcement of the verdict (HAGB) by the courts in penal proceedings. 

The related paragraphs of Article 231 of the Criminal Procedures Law under the subtitle "Announcement of the verdict and deferment of the announcement of the verdict" have been repealed according to the supreme court decision published in the Official Gazette today (August 1). 

Ali Şafak, a lawyer and a board member of the Progressive Lawyers Association (ÇHD) told bianet that decision of the supreme court was justified based on Articles 13, 17, 35 ve 36 of the Constitution, but that the emphasis was on Article 36 regulating the right to a fair hearing. 

"Conflicts with the obligations of the State"

With the decision, paragraphs 5, 6, 7, 8, 9, 10, 11, 12, and 13 of Article 231 of the Criminal Procedures Law regulating deferment of the announcement of the verdict will be repealed. The repeal of legislation will enter into force one year from now. 

Trabzon 2nd Criminal Court of First Instance applied the Constitutional Court requesting the repeal of the legislation arguing that the rule is violating Article 17 of the Constitution. 

In its justification, the Constitutional Court stated that the practice of deferring the announcement of verdicts by the courts conflicts with the obligation of the State to impose penalties on perpetrators that are proportionate to their acts and to provide appropriate compensation for the victims.

"Impunity" 

AYM stated in its ruling that HAGB was not a penalty but only keeping the person under the threat of a penalty, and drew attention to the issue of impunity. 

 "Taking into account this quality of a HAGB decision, the Constitutional Court has, in many of its previous rulings, concluded that the implementation of the HAGB in allegations of ill-treatment, results in the suspects not receiving any executable penalties, the consent of the victim is not sought, and there is no sufficient or effective compensation for the victim," the court stated. (AS/PE)