Constitutional Court: Demonstration Ban in State of Emergency is a Right Violation

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The Constitutional Court has concluded that the right to assembly and demonstration of Education Union (Eğitim-Sen) member teacher Selma Elma was violated when she was given a penalty fine after attempting to make a statement in front of the Antalya Directorate of National Education in protest against the discharge of H.T. by a Statutory Decree in 2016.

After Selma Elma was given an administrative fine based on the "ban on demonstrations during the State of Emergency" introduced by the Antalya Governorship on November 4, 2016, Elma objected to the verdict and made an individual application to the Constitutional Court.

Request for damages rejected

Emphasizing in its verdict that the right to assembly and demonstration is protected by the Constitution as well as the international law, the Constitutional Court has concluded that the administrative fine given to teacher Selma Elma, who attempted to make a statement for the press, violated her right to assembly and demonstration.

However, the Constitutional Court has rejected Elma's request for damages of 10 thousand lira. The court has ruled that the file of Elma shall be referred to the Antalya 3th Penal Court of Peace for a retrial.

Ministry: Necessary in a democratic social order

In the opinion that it presented to the Constitutional Court, the Ministry of Justice indicated that the points identified and the conclusions drawn by the court that rejected Elma's objection to the penal fine served to enforce the law. The Ministry argued that the fine did not violate Constitutional rights and freedoms and did not constitute any arbitrariness.

"It has been evaluated that the precaution that was taken is necessary in a democratic social order", the Ministry stated in its opinion. (RT/SD)