'Administrative authorities exceeded the limit of their duty'

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The Constitutional Court has handed down its ruling on two separate applications where two civil servants claimed that "the presumption of innocence" was violated by disciplinary punishments.

The top court has found the applications justified as two civil servants first faced disciplinary investigations, then were given disciplinary punishments though they had been acquitted. The Constitutional Court has ruled that the consequences of the violations shall be eliminated in retrials.

Both justified rulings handed down by the top court have noted that the applicants were incriminated as a result of disciplinary investigations.

'He was declared guilty'

The first application was made by Court Clerk Hüseyin Sezer. Sezer was put on trial at the Nizip 1st Penal Court of First Instance on the grounds that he allegedly took a copy from a confidential file and gave it to an attorney. He has been acquitted of the offense due to lack of evidence.

As a result of the disciplinary investigation launched against Sezer for the same reason, he was discharged from civil service on March 3, 2010 as it was concluded that "he had acted in an infamous and disgraceful manner that conflicts with the civil servant title."

In response to his dismissal from public service, Sezer made an individual application to the Constitutional Court, arguing that the presumption of innocence was violated as he was discharged from public service over an act that he had been acquitted of; and that the right to a fair trial and the principles of "Nulla poena sine lege" (no penalty without a law) and legal certainty were violated as he was expelled from public service even though there was no criminal evidence against him.

In the justified ruling handed down by the top court today (October 20), it has been noted, "When legal and administrative authorities declare a person guilty or make deductions in this context, thereby exceeding the limits of their duty, it might lead to a violation of the presumption of innocence."

According to the court ruling, "when the expressions used [in the decision] are considered, it is seen that it opens the final ruling of the penal court to debate and gives an impression that the applicant committed the offense charged. That being the case, the ruling of acquittal became meaningless and a shadow was cast on the innocence of the applicant; on the other side, it also led to contradictory rulings by two judicial bodies in terms of whether the applicant committed the offense of violation of confidentiality or not."

The Constitutional Court has concluded by a majority of votes that the presumption of innocence guaranteed by the first clause of Article 36 of the Constitution and the fourth clause of Article 38 of the Constitution has been violated. The file of the case will be sent back to the local court, the Gaziantep 2nd Administrative Court, for retrial.

Teacher acquitted at court as well

Barış Baş, a teacher in Tekirdağ province, was faced with a disciplinary investigation on the grounds that he had allegedly smacked a student.

As a result of this investigation, it was concluded that the Article 125 (acting in a way to undermine reputation and sense of trust on duty) of the Law on Civil Servants was violated. His salary was cut by one thirtieth as a disciplinary punishment. He was also assigned to work in another school.

In the criminal proceedings at court, the court referred to the contradictory statements of the aggrieved party and acquitted the teacher.

Barış Baş also made an individual application to the Constitutional Court, arguing that the presumption of innocence was violated.

In its decision dated today, the top court has found this application justified, concluded that the presumption of innocence was violated and ruled that the file shall be sent to the Edirne Regional Administrative Court to be referred to the Tekirdağ 1st Administrative Court for retrial. (AS/SD)