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Journalist Ahmet Altan, who was sentenced to prison for "attempted overthrow" but released after the Court of Cassation overturned the verdict, was arrested again eight days after his release in November 2019.
The Constitutional Court today (December 2) rejected Altan's application against his arrest for the second time, concluding that there were no violations and the application was inadmissible.
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Article 19 of the Constitution allows the restriction of the physical freedom of individuals for "the fulfillment of sentences restricting freedom and security measures by courts."
Therefore, the court concluded, execution of a prison sentence or a security measure would not violate the right to freedom and security.
It also noted that Altan's arrest for the second time was not based on charges but on conviction. In this case, provisions regarding arrest based on charges could not be applied, the court ruled.
The top court further stated that Altan's allegation that the court that gave the decision for his arrest did not have such authority lacked basis.
Ahmet Altan's trial
Ahmet Altan was first detained on September 1, 2016, in an investigation into the failed coup attempt in July.
On September 23, 2016, he was remanded in custody for "being a member of an armed terrorist organization and attempting to overthrow the government of Turkey or to prevent it from fulfilling its duties."
He was sentenced to aggravated life imprisonment for "attempting to overthrow the constitutional order" in February 2018 because of three of his articles published before the coup attempt.
The 2nd Penal Chamber of the İstanbul Regional Court of Justice (the appeals court) rejected Altan's appeals and ruled for the continuation of his imprisonment.
The 16th Penal Chamber of the Court of Cassation overturned the verdict in July 2019 and ruled that Altan should stand trial not for "attempted overthrow of the constitutional order" but "knowingly and willingly aiding a terrorist organization despite not being included in the hierarchical structure in the organization."
In line with the high court's decision, the İstanbul 26th Heavy Penal Court sentenced Altan to 10 years and 6 months for this crime on November 4, 2019. It ruled for his release considering the time he served in prison.
On November 6, 2019, the prosecutor's office appealed his release. After the court's rejection, the appeal was sent to the İstanbul 27th Heavy Penal Court, which accepted the request and ruled that Altan should be arrested again.
Altan was sent to prison again on November 13. (HA/VK)
