Two courts denied the release of Tayfun Kahraman, an urban planner and one of the jailed defendants in the Gezi Park trial, despite a Constitutional Court ruling that found his right to a fair trial had been violated.
Kahraman, who was sentenced to 18 years in prison in Apr 2022 over his involvement in the 2013 anti-government protests, had applied for release following the Constitutional Court’s Jul 31 decision, which called for a retrial. The high court ruled that legal safeguards stemming from the "right to a fair trial" were not observed during his conviction.
However, on Nov 6, the İstanbul 13th Heavy Penal Court rejected the application, accusing the Constitutional Court of overstepping its authority. “The Constitutional Court acted as if it were an appeals court in an individual application and engaged in a clear usurpation of jurisdiction, in violation of the Constitution and mandatory provisions of the law,” the court stated.
Gezi Park case convict Tayfun Kahraman faces delays in MS treatment in prison
'Tayfun had no involvement in violence'
Kahraman’s legal team appealed the decision, but the İstanbul 14th Heavy Penal Court dismissed the objection. His wife, Meriç Kahraman, shared the rejection on social media today, criticizing the process.
“Our 32-page appeal to the 13th Heavy Penal Court was dismissed by the 14th Heavy Penal Court in just two lines amid a heavy caseload,” she wrote.
“For years, I have told and documented to the public that Tayfun had no involvement in violence or force,” she noted. “The Constitutional Court validated this fact legally.
“As of today, I am ending the weekly communications I have maintained for 44 months. This is not the end of our words, but from now on, what I share will be no more than the photo album of an ordinary family."
Professional bodies also reacted to the court's refusal to comply with the Constitutional Court's decision. The Union of Chambers of Turkish Engineers and Architects (TMMOB), of which Kahraman is a member, issued a statement demanding that lower courts respect the top court's authority.
“It is unacceptable for the İstanbul 13th Heavy Penal Court to disregard the Constitutional Court’s decision,” the statement said. “These rulings are binding for everyone, including other courts. Repeated noncompliance with the Constitutional Court’s decisions signals a troubling normalization. The Constitution is clear: Constitutional Court rulings are final and binding. Anyone acting otherwise is committing a constitutional violation.”
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?
(AB/VK)
