Constitutional Court Rules for 100 Thousand Liras of Compensation for 'Unlawful Arrest'

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The Constitutional Court, in four separate decisions it announced today (September 11), has ruled that "personal safety and freedom is violated" with the arrest measure and that the applicants shall be paid 100 thousand liras (~17,200 US dollars) of compensation in total.

He was arrested for three years, is still on trial

One of the decisions is about Bekir Mustafa Yılmaz's application. Yılmaz was arrested on February 20, 2016, on the charges of "espionage" and "membership of a terrorist organization". He applied to the Constitutional Court on December 21, 2016, after his objections to his arrest were rejected. At the hearing on February 20, 2019, he was decided to be released with a ban on going abroad and with judicial control. The case is continuing.

The Constitutional Court decision dated July 17, 2019, was published in the Official Gazette today.

The Court ruled that the right to personal freedom and safety was violated because of the arrest was not legal and Yılmaz shall be paid 25 thousand liras of non-pecuniary damage. Article guaranteed that the right to freedom and security of the person has been violated and Yilmaz paid 25 thousand pounds non-pecuniary damages.

He was detained for one year, then acquitted

The other decision was on the application of Ali Aktaş.

Aktaş applied to the Constitutional court on August 8, 2016, on the ground that Article 19 of the Constitution was violated. On 8 August 2016. In the reasoned decision of the Court on 17 July 2019, which was announced in the Official Gazette today,

Aktaş was arrested on July 18, 2016, and released on May 22, 2017, upon judicial control. Aktaş, who was dismissed from the duty when he was the Alaşehir Public Prosecutor, was acquitted on February 13, 2019.

The Constitutional Court ruled that Aktaş's right to personal security and freedom had been violated and that he shall be paid 20 thousand liras for non-pecuniary damage.

Two separate files, two acquittals, same compensation

One of the other two decisions is about Mustafa Açay and the other is about E.A. who wanted his name to remain confidential.

On July 3, 2019, both of them filed applications for violation of the arrest measure being against personal safety and freedom.

The top court ruled that both shall be paid 27,500 liras of moral compensation.

E.A. was expelled from the Public Prosecutor's Office in Artvin and was arrested between July 19, 2016, and March 14, 2017. He was acquitted on April 17, 2018, in the case where he was charged with "membership of a terrorist organization".

Mustafa Açay, who was detained between July 20, 2016, and November 20, 2017, was acquitted on July 6, 2018. The Constitutional Court decided to pay him 27,500 liras non-pecuniary damage. (AS/VK)