Constitutional Court: Right to Assembly and Demonstration Violated on May Day in 2009

* Police violence captured on May 1, 2009

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The Constitutional Court has announced its verdict on police violence against the group who attempted to march from Şişli to Taksim Square in Beyoğlu, İstanbul on May Day in 2009.

Among the ones subjected to police violence were also the then executives of Turkish Medical Association (TTB) Ali Çerkezoğlu, Ali Küçük, Elif Kırteke, Eriş Bilaloğlu, Hüseyin Demirdizen and Mehmet Nazmi Algan.

The Constitutional Court has concluded that the right to assembly and demonstration has been violated and ruled that all applicants shall be each paid 5,000 TRY in non-pecuniary damages.

Speaking to bianet about the Constitutional Court ruling, attorney Meriç Eyüboğlu has said, "It is the first time a court in domestic law has ruled that arbitrary prevention of May Day commemorations and celebrations in Taksim is against the law, in parallel to the verdict of European Court of Human Rights (ECtHR). It is, of course, a valuable ruling in that respect". Eyüboğlu has also referred to the shortcomings of the verdict.

'Right to assembly and demonstration violated'

In its ruling, the Constitutional Court has "concluded that the intervention in question does not comply with the requirements of a democratic social order in maintaining public order."

Accordingly, the court has ruled that the right to assembly and demonstration guaranteed by the Article 34 of the Constitution has been violated.

Eyüboğlu: Chemical gas used in emergency service

Lawyer Eyüboğlu has commented on the verdict briefly as follows:

"The most unbelievable and unforgettable violation committed on May 1, 2019, which is not addressed in the Constitutional Court verdict, was that the police used [tear] gas at the garden and emergency service of Şişli Etfal Hospital and the patients treated in the service had to be evacuated.

"TTB members were going to gather on the street where the hospital was located and the harsh intervention of the police affected everyone who came or did not come for the celebration, like all social incidents...

"In the appendix to our application, we also attached photographs and videos that documented it. I would like to especially underline that there was an intense use of chemical gas.

"Gas was sprayed in the emergency service of Şişli Etfal Hospital and the emergency service had to be evacuated. It was also a day when people's right to health was violated.

'It has been a struggle waged for years'

"The application/violation of rights in question have several dimensions: First of all, the issue of celebrating the May 1 Unity, Struggle and Solidarity Day in Taksim - that is, on the May Day Square - has become an endeavor, a struggle which was first brought up by the Confederation of Progressive Trade Unions of Turkey (DİSK) and has been continuing for years upon the call of the DİSK, Confederation of Public Employees Trade Unions (KESK), Union of Chambers of Turkish Engineers and Architects (TMMOB) and TTB.

"2007 and 2008 were very harsh years and, as you would remember, the ECtHR gave its judgement of 'Çelebi and others' for the violation of rights in 2007 in response to the application of the TTB and İstanbul Medical Chamber and its judgement of 'KESK and DİSK' as to the violations in 2008.

"The year 2009 was perhaps milder in comparison with previous years, but, all in all, it was still very harsh. A limited number of people, a small symbolic group were allowed to enter Taksim Square, but thousands of people were not allowed to join this group or follow the route taken by them, they were cornered in side streets and subjected to serious violence.

"Coming together upon the call of the TTB to join the May Day, medical workers were not only subjected to this violence, but they could not reach Taksim Square and attend the demonstration, either. Because they were intercepted, their march was not allowed.

"The second dimension is the use of bludgeons and physical violence as well as chemical gas, so the prohibition of ill treatment...

'All complaints stuffed in the same file'

"The day after, we appealed to the prosecutor's office and filed a criminal complaint. For years, not a single step was taken about our complaint.

"All complaints regarding the violation of rights committed on May 1 were stuffed in the same file and laid aside.

"The Constitutional Court ruling also indicates that we submitted petitions about the issue for several times, the prosecutor of the case was changed for four times and no effective investigation was conducted. And, a ruling of non-prosecution was given for our complaint.

"We filed a full remedy action due to ill treatment and demanded compensation. This lawsuit was rejected though there was a medical report.

'Ruling of right violation for a single person'

"At last, we appealed to the Constitutional Court. The Court has concluded that it was only Ali Çerkezoğlu who was subjected to right violation in terms of prohibition of ill treatment.

"In fact, all applicants were subjected to intense chemical gas, this aspect of the issue was not considered. The ruling is deficient in that respect.

"Because there are now dozens of scientific studies and reports documenting the effects of chemical gases used in interventions against social incidents on the health and lives of humans.

'The first parallel to the ECtHR ruling'

"When the right to assembly and demonstration is concerned, it has been concluded that the right of all applicants has been violated and indicated that 'arbitrary prevention from attending the May Day is against the law'.

"In parallel to the ECtHR ruling, the Constitutional Court has also concluded that arbitrary prevention of people from celebrating the May Day in Taksim and attending these commemorations and celebrations is against the law". (PT/SD)