Constitutional Court

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Court of Cassation: 'Constitutional Court's violation decision for Atalay has no legal value'

Court of Cassation: 'Constitutional Court's violation decision for Atalay has no legal value'

The Court of Cassation, in its new decision regarding Labor Party of Turkey deputy Can Atalay, likened the second violation decision of the Constitutional Court to an example of "juristocracy" and declared it as "unlawful."

Constitutional Court releases reasoning, Can Atalay's lawyers petition the court

Constitutional Court releases reasoning, Can Atalay's lawyers petition the court

Constitutional Court has released the reasoning for its second violation decision regarding Hatay MP Can Atalay, published in the Official Gazette today. "A decision can no longer be awaited," stated Atalay's lawyers in the petition submitted to the İstanbul 13th Heavy Penal Court.

27 December 2023

Supreme Court finds violation in preventing May Day celebrations in Taksim Square

Supreme Court finds violation in preventing May Day celebrations in Taksim Square

In the decision by the Constitutional Court, it was stated that "Taksim holds a symbolic value for certain segments of society, especially unions and workers, due to the events in 1977 that resulted in the death of 34 people."

15 December 2023

Second application regarding Atalay referred to Constitutional Court General Assembly

Second application regarding Atalay referred to Constitutional Court General Assembly

The Constitutional Court's First Division referred the application regarding the violation of rights for Can Atalay, the TİP Hatay Deputy and convict in the Gezi Park Case, to the Constitutional Court General Assembly, which is to take up this second application on a date to be announced later.

13 December 2023

Top court invalidates legal provision on 'committing crimes on behalf of a criminal organization'

Top court invalidates legal provision on 'committing crimes on behalf of a criminal organization'

The Constitutional Court has annulled the provision in question by unanimous vote. The decision will take effect four months later.

8 December 2023

Top court finds violation in sentencing of journalist Özgür Boğatekin for criticizing district governor

Top court finds violation in sentencing of journalist Özgür Boğatekin for criticizing district governor

A court had sentenced Boğatekin to 1 year and 15 days in prison for the articles he wrote about the official in 2013. The Constitutional Court has concluded that "the court imposed a penalty despite knowing that there was no crime" for this.

7 December 2023

Constitutional Court orders compensation for violating prisoner's communication rights

Constitutional Court orders compensation for violating prisoner's communication rights

Ahmet Nail Şen was prevented from having a phone conversation with his lawyer.

16 November 2023

Justice minister affirms commitment to 'individual application' system

JUDICIAL CRISIS

Justice minister affirms commitment to 'individual application' system

Minister Tunç responded to questions about the recent judicial crisis that led to suggestions to restructure the Constitutional Court.

15 November 2023

MHP leader calls for removal of Atalay’s MP status

MHP leader calls for removal of Atalay’s MP status

President Erdoğan’s main ally has sided with the Court of Cassation in the recent judicial crisis, defending its decision not to implement the Constitutional Court verdict for the release of Atalay.

14 November 2023

Turkey faces judicial crisis as high courts clash over jailed MP

Turkey faces judicial crisis as high courts clash over jailed MP

The Court of Cassation defied the Constitutional Court verdict for the release of Can Atalay, who was elected an MP in the May elections.

9 November 2023 Volga Kuşçuoğlu

Minister of Justice responds to CHP leader's call to 'resist'

Minister of Justice responds to CHP leader's call to 'resist'

"Calling for street movements using court decisions serves no one. In a state of law, problems are not solved on the streets but through mechanisms prescribed within the legal framework," said Minister Tunç.

9 November 2023

Constitutional Court rules against 'arbitrary' blocking of news article

Constitutional Court rules against 'arbitrary' blocking of news article

The blocking of an online new article about Turkey’s military operations in Syria violated freedom of the press, the top court has ruled.

8 November 2023

Top prosecutor pushes for MP Atalay’s continued imprisonment despite supreme court verdict

Top prosecutor pushes for MP Atalay’s continued imprisonment despite supreme court verdict

Two weeks ago, the Constitutional Court issued a ruling in favor of Atalay's release from prison. Lower courts defy the verdict.

7 November 2023 Ruken Tuncel

Turkish judiciary ‘fulfilled obligations’ in Khashoggi case, concludes top court

Turkish judiciary ‘fulfilled obligations’ in Khashoggi case, concludes top court

While acknowledging that Saudi authorities tampered with evidence in the journalist's murder case, the Constitutional Court concluded that Turkish authorities were not at fault.

25 October 2023

Constitutional Court postpones review of Can Atalay's application

Constitutional Court postpones review of Can Atalay's application

The Constitutional Court has postponed the review of the individual application made by TİP MP Can Atalay, who is currently held in prison. Atalay's hearing was scheduled for today. The reason cited for the postponement is that a member judge in the General Assembly was not prepared for the case.

12 October 2023

Constitutional Court will not examine 'reasonable length of proceedings' applications

Constitutional Court will not examine 'reasonable length of proceedings' applications

Applications for the right to a reasonable length of proceedings constitute 52.4% of the workload of the AYM. There have been 115,535 applications related to this matter submitted to the high court since 2012.

10 October 2023

Constitutional Court refers Can Atalay's application to the General Assembly

Constitutional Court refers Can Atalay's application to the General Assembly

Atalay was sentenced to 18 years in prison in the Gezi Trial and is still imprisoned despite being elected a deputy.

Constitutional Court repeals 'deferment of the announcement of the verdict' legislation

Constitutional Court repeals 'deferment of the announcement of the verdict' legislation

In its justification, the Constitutional Court stated that the practice of deferring the announcement of verdicts by the courts conflicts with the obligation of the State to impose penalties on perpetrators that are proportionate to their acts and to provide appropriate compensation for the victims.

Imprisoned MP Can Atalay applies to Constitutional Court

Imprisoned MP Can Atalay applies to Constitutional Court

The Court of Cassation, the top appeals court, had denied the release of the Workers' Party deputy, who was sent behind bars after receiving an 18-year prison sentence in the Gezi Park trial.

Court of Cassation 'violating Constitution' by not releasing MP Atalay

Court of Cassation 'violating Constitution' by not releasing MP Atalay

Prof. Kaboğlu and Prof. Özsoy-Boyunsuz have commented on the top appeals court's decision to refuse to release Can Atalay and the expressions criticizing the Constitutional Court in the verdict.

14 July 2023 Vecih Cuzdan

Constitutional Court strikes down law denying severance pay to journalists with less than five years of experience

Constitutional Court strikes down law denying severance pay to journalists with less than five years of experience

The provision in question stated that journalists with less than five years of experience would not be entitled to severance pay, and any period of employment less than six months within a year would not be considered in the calculation of severance pay.

Neighborhood guards can carry weapons, perform ID checks, rules top court

Neighborhood guards can carry weapons, perform ID checks, rules top court

The court has annulled a provision authorizing guards to take measures to prevent demonstrations until the police arrive.

Convict who started the fire at Madımak Hotel in Sivas may be released

Convict who started the fire at Madımak Hotel in Sivas may be released

The Constitutional Court ruled that Yunis Karataş who started the fire that caused the Sivas Massacre in 1993 has "committed a terror crime" but cannot be evaluated as a "terror convict" since the latter requires the presence of a definite terrorist organization.

HDP closure case file handed over to rapporteur

HDP closure case file handed over to rapporteur

After the petition of the party not to plead verbally today at the Constitutional Court, the Court's General Assembly decided to send the case file to the rapporteur for the opinion as to the accusations to be prepared.

HDP makes fresh application demanding closure case postponement

HDP makes fresh application demanding closure case postponement

While the party faces closure, reports suggest that it will compete in the May 14 elections under the Green Left Party.

Constitutional Court lifts blocking of Treasury aid to HDP

Constitutional Court lifts blocking of Treasury aid to HDP

The supreme court decided to lift the blocking of treasury aid to the party by a majority of votes.

Constitutional Court rules in favor of freedom of labor

Constitutional Court rules in favor of freedom of labor

The decision concerns those who were dismissed from public service by Statutory Decrees following the attempted coup in 2016 and makes it possible for them to work in companies with public partnerships.

2 March 2023 Ayça Söylemez

Preventing Saturday Mothers/People gathering not lawful, rules top court

Preventing Saturday Mothers/People gathering not lawful, rules top court

The Constitutional Court has ruled that preventing a vigil of the group violated the right to hold a gathering.

23 February 2023

Constitutional Court refuses to postpone HDP closure case until after elections

Constitutional Court refuses to postpone HDP closure case until after elections

The high court also rejected an application from the HDP for additional time to submit a defense against an order for the blocking of the party's Treasury funds.

26 January 2023

Constitutional Court says punching protester not lawful

Constitutional Court says punching protester not lawful

One of the tens of thousands of civil servants who were dismissed between 2016-2018, Nazan Bozkurt was injured by police officers during a protest against dismissals.

24 January 2023 Ayça Söylemez

HDP asks top court to decide closure case after elections

HDP asks top court to decide closure case after elections

The third-largest party in the parliament, the HDP is facing closure ahead of the elections.

17 January 2023

Constitutional Court suspends HDP's election funds amid closure case

Constitutional Court suspends HDP's election funds amid closure case

The party that has the third-largest parliamentary group is facing closure because of its alleged ties to the PKK.

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