The Constitutional Court ruled that the rights to liberty and security of Ahmet Bayazit and Livan Orman, members of the pro-Kurdish Peoples’ Democratic Party (HDP), were violated following their arrests in 2022.
The court stated that the evidence used to justify the detention of the two applicants on charges of "membership in a terrorist organization" did not constitute a strong suspicion of guilt. It ordered the state to pay 200,000 liras in non-pecuniary damages to each applicant.
Livan Orman, a member of the HDP Party Assembly, and Ahmet Bayazit, a member of the HDP Youth Assembly, were detained on Jul 29, 2022, as part of an investigation by the İstanbul Chief Public Prosecutor’s Office. The İstanbul 3rd Penal Court of First Instance ordered their arrest on Aug 1, 2022. They were later released under judicial control measures by the İstanbul 25th Heavy Penal Court on Sep 7, 2022.
Peaceful event
In its evaluation of Livan Orman’s case, the Constitutional Court examined an HDP Beşiktaş district branch event held on Jun 16, 2019. The court noted there was no concrete evidence that the event was not peaceful, involved violence, or was organized under instructions from an illegal organization.
The ruling emphasized that there was no evidence Orman shouted slogans, carried banners, or directed participants during the event. The court added it was unclear how his participation in an event three years prior could serve as a concrete basis for a detention order.
The court also addressed messages sent by Orman, including the phrase "Come here, we need to get something." It ruled that interpreting this statement as evidence of illegal activity was based entirely on assumptions. The court noted that no concrete data showed Orman used applications like WhatsApp, Instagram, or Telegram for organizational motives.
Regarding Ahmet Bayazit, the court reviewed personal notes found in his home. The court found these documents supported the defense that they were personal notes regarding an HDP Youth Assembly congress held in Diyarbakır in 2021.
Unsubstantiated accusations
The ruling stated that while the notes contained critical expressions, they did not directly encourage violence or glorify terrorist acts. The court held that personal notes found in a home that were not shared with the public could not be reasonably interpreted as a link between Bayazit and an illegal organization.
The court also dismissed the claim that Bayazit’s presence in a Telegram group titled "2nd Region Youth Assembly" constituted evidence for arrest. It noted there was no finding that the group belonged to an illegal youth structure rather than the HDP. His membership alone, without proof of organizing violent activities, did not meet the threshold for strong suspicion of a crime.
The court concluded that the prosecution failed to establish the necessary legal grounds for the detentions.
"It has been concluded that the strong indication that a crime was committed, which is required for detention, was not sufficiently demonstrated by the investigative authorities for either applicant," the court stated.
The court ruled that the right to liberty and security under the third paragraph of Article 19 of the Constitution was violated. Bayazit and Orman will each receive 200,000 liras in compensation. (HA/VK)
