* Photo: Anadolu Agency (AA)
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Announcing its ruling in the lawsuit of writer Mehmet Altan, the Constitutional Court has concluded that "local courts are obligated to abide by the rulings given by the Constitutional Court."
Speaking to bianet about this verdict, arrested businessperson and rights defender Osman Kavala's attorney Prof. Köksal Bayraktar has indicated, "The Constitutional Court has once again reminded his authority. This ruling should also apply to the Gezi trial."
In concluding the application regarding the failure of the local court to abide by its verdict of 'right violation' about Prof. Mehmet Altan's period of arrest, the Constitutional Court has referred to the judgements of the European Court of Human Rights (ECtHR) and Court of Cassation, reminding the local courts that "it is not their duty to dispute its authority, but to eliminate the situation that led to the violation of right in question."
Considering that the local court has ruled that Osman Kavala, the only arrested defendant of Gezi trial, shall remain behind bars despite an ECtHR verdict of 'immediate release', we have asked the above judgement of the Constitutional Court to his attorney Prof. Köksal Bayraktar.
'Constitutional Court is like ECtHR in domestic law'
Underlining the obligation to abide by the verdicts of both the Constitutional Court and the ECtHR, Prof. Bayraktar has indicated that the verdict given for Mehmet Altan should be also applicable to the Gezi trial.
CLICK - Arrest of Osman Kavala to Continue
Indicating that the İstanbul 30th Heavy Penal Court has not released Osman Kavala despite the ECtHR verdict, Bayraktar has stated the following:
"With its judgement on Mehmet Altan, the Constitutional Court has once again reminded its authority. The Constitutional Court assumes the function of the ECtHR in evaluating individual applications within the country. Local courts have the obligation to abide by the rulings of the Constitutional Court and the ECtHR. Because these courts are high courts.
"The local court's verdict on Kavala's continued detention indicates an opposition to law in an abstract, general and objective manner or, more precisely, a violation of the European Convention on Human Rights (ECHR).
'The court acts against the ECHR'
"On December 10, the ECtHR gave a verdict of release and the local court has not been implementing this verdict for almost two months now. The local court has been acting against the ECHR for two months. In that case, with its verdict on Mehmet Altan, the Constitutional Court has told the local courts to abide by its rulings as well as those of high courts.
"Normally, this verdict of the Constitutional Court sets a precedent. But, it is not the case in the current situation. The local court has not abided by the law from the very beginning. And I do not think that it will abide by it now.
"Besides, it is a concrete evidence that the local court acts against the ECtHR. Courts are obligated to abide by the verdicts of high courts anyway. The ECtHR said, 'Osman Kavala should be released immediately.' The expression of 'immediate release' does not mean one year from now. Does 'immediate' have anything to do with 'one year from now'?" (HA/SD)
