Constitutional Court Rules for 5 Thousand liras of Compensation for One-Day Unjust Detention

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The Constitutional Court has concluded the application of M.E., who was unjustly detained and subjected to judicial control when he/she was 16 and won 150 liras (~26 US dollars) of immaterial compensation which was overturned by the court of appeal.

The top court ruled that "ninth paragraph of article 19 of the Constitution which regulates the right to personal security and freedom was violated because the amount of compensation was low."

M.E. will receive a compensation of 5 thousand liras (~870 US dollars).

M.E. was taken into custody in an investigation by the Adana Chief Public Prosecutor's Office on September 20, 2016, at 5.30 a.m., then was released on the condition of judicial control.

A verdict of non-prosecution was made for him/her later.

M.E. then filed a lawsuit, demanding material compensation of 2 thousand liras and immaterial compensation of 4 thousand liras.

The Adana 7th Heavy Penal Court ruled on October 17, 2017, that M.E. shall receive 39.24 liras of material and 150 liras of immaterial compensation.

The justification of the verdict said, "It has been concluded that the complainant was unjustly detained for one day, he/she was acquitted of charges as a result of the trial and the verdict became definite, and it is necessary to approve the demand for compensation that is just but does not cause unjust enrichment."

The compensation was for "ease the person's pain and psychological difficulties," the verdict said.

M.E.'s appeal against the verdict was rejected by the Adana Regional Court of Justice 3rd Penal Chamber. M.E. then made an application at the Constitutional Court.

The top court announced its justified verdict yesterday (June 19), stating that "an insignificant amount of compensation which is not proportionate to the violation would be against the Constitution" and that "the compensation of 150 liras is significantly low compared to the amount of compensations Constitutional Court determined in similar cases."

Citing the verdict on the application of Mehmet Baydan, who was unjustly held at a police station for 36 minutes and earned compensation of 5 thousand liras and considering that the applicant was a child at the time of the incident, the court increased the amount of the compensation. (AS/VK)