The Constitutional Court has again found a rights violation in the case of imprisoned urban planner Tayfun Kahraman, ruling unanimously on a new individual application filed after its earlier judgment was not implemented.
Kahraman was among the eight convicts of the case concerning the 2013 Gezi Park protests, who were convicted in 2022 on charges related to an attempted overthrow of the government. The ruling came after a retrial following two trials ended in the defendants' acquittal.
The new top court judgment concerns lower courts’ failure to act on the Constitutional Court’s previous decision in Kahraman’s case.
Kahraman, a multipe sclerosis patient, has been referred to the hospital multiple times in connection with the disease.
Court refused to implement earlier ruling
An earlier application by Kahraman related to his health was rejected on the grounds that there was not enough medical documentation. The Constitutional Court had later ruled that his right to a fair trial had been violated in the proceedings before the İstanbul 13th Heavy Penal Court.
After that decision, Kahraman sought release. However, the İstanbul 13th Heavy Penal Court rejected the request on Nov 6, accusing the Constitutional Court of exceeding its authority. His lawyers appealed, but the İstanbul 14th Heavy Penal Court also dismissed the objection on Nov 13.
Kahraman’s wife, Meriç Demir Kahraman, said she learned of the latest ruling from the press.
“Thank you very much to everyone who called and asked. We, like you, learned from the press that the Constitutional Court unanimously ruled a rights violation regarding Tayfun’s second application. It was a decision we expected, we are happy and hopeful,” she wrote on social media.
Özgür Özel, leader of the main opposition Republican People’s Party (CHP), also welcomed the ruling.
“The Constitutional Court has once again ruled a rights violation, this time unanimously. I thank all the members and we are waiting for the decision to be published in the Official Gazette. In other words, the debate is now over. Tayfun Kahraman must be released as soon as possible,” he wrote. “Meriç must reunite with her husband, Vera with her father, and this country with one of its honest sons. Turkey is a constitutional state. The Constitutional Court’s ruling must be implemented immediately.”
Kahraman was sentenced to 18 years in prison in Apr 2022 over his involvement in the 2013 protests. Philanthropist Osman Kavala received a life sentence in the same case for attempting to overthrow the government, while seven others, including Kahraman, were sentenced to 18 years for aiding the attempt.
The Court of Cassation in Sep 2023 overturned the sentences of Mücella Yapıcı, Ali Hakan Altınay and Yiğit Ali Ekmekçi. They were acquitted in Feb 2025 after a retrial. Kahraman and three others remain in prison.
Background
The Gezi Park protests of 2013, anti-government protests attended by millions of people across the country, were later classified by the judiciary as an attempted coup.
Initially, all defendants were acquitted in 2020 but a retrial took place after the Court of Cassation overturned the acquittals. Kahraman was among eight people convicted in Apr 2022 in the retrial.
Philantropist Osman Kavala was sentenced to life in prison for “attempting to overthrow the government,” and seven others, including Kahraman, were sentenced to 18 years for aiding the attempt. The court concluded that the defendants had organized and financed the protests.
The Court of Cassation in Sep 2023 overturned the sentences of three defendants—Mücella Yapıcı, Ali Hakan Altınay, and Yiğit Ali Ekmekçi—who were acquitted in February this year after a retrial. Kahraman and three others remain in prison.
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Who are the eight convicts of the Gezi case?
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