Constitutional Court

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Second ruling of right violation for Enis Berberoğlu

CONSTITUTIONAL COURT

Second ruling of right violation for Enis Berberoğlu

Constitutional Court has concluded the application of Enis Berberoğlu over the failure of the local court to enforce its first ruling of right violation. The supreme court, for the second time, has concluded that the rights of Berberoğlu have been violated.

21 January 2021

300 thousand individual applications to Constitutional Court in 8 years

300 thousand individual applications to Constitutional Court in 8 years

The right to a fair trial, with 63.3 percent, ranks first when the rulings of right violation are distributed by rights and freedoms. This right violation is followed by property rights with 19.4 percent and right to freedom of expression with 4.2 percent.

18 January 2021

Constitutional Court gives third ruling of right violation for Şahin Alpay

Constitutional Court gives third ruling of right violation for Şahin Alpay

Turkey’s Constitutional Court has, for the third time, concluded that journalist Şahin Alpay’s “right to personal liberty and security” has been violated. This last application was about the house arrest given to the journalist in 2018.

7 January 2021 Ayça Söylemez

Constitutional Court finds Pastor Brunson’s application ‘inadmissible’

Constitutional Court finds Pastor Brunson’s application ‘inadmissible’

Turkey’s Constitutional Court has concluded that the arrest of Pastor Brunson and his release to house arrest “were relying on factual bases”. The Court has found his application “inadmissible.”

7 January 2021 Ayça Söylemez

Unlawfully deported person to be paid compensation, Constitutional Court rules

Unlawfully deported person to be paid compensation, Constitutional Court rules

K.S. from Tajikistan had won a case against his deportation after being deported.

Turkey’s Constitutional Court says strip search is ‘ill treatment’

Turkey’s Constitutional Court says strip search is ‘ill treatment’

The Constitutional Court has concluded that the strip search of a woman at the tea room of a police station violated the prohibition of ill treatment on procedural grounds.

Constitutional Court: Rights of Yiğit Aksakoğlu violated

Constitutional Court: Rights of Yiğit Aksakoğlu violated

Having rejected the individual application of Osman Kavala, the Constitutional Court has concluded that the 7-month arrest of Yiğit Aksakoğlu in the Gezi trial was a violation of his rights and ruled that Aksakoğlu shall be paid damages.

31 December 2020

Non-pecuniary damages for unlawful house arrest

Non-pecuniary damages for unlawful house arrest

The Constitutional Court has concluded that the ruling of house arrest given “without concrete evidence and the fulfilment of conditions for imposing judicial control measures” violated the applicant’s right to personal liberty and security.

30 December 2020 Ayça Söylemez

Kavala: Problem is detention practices taken under political influence

Kavala: Problem is detention practices taken under political influence

Kavala has made a statement after Constitutional Court rejected his application: “The most common and severe problem in the judiciary is the detention practices taken under the influence of political messages and the political environment.”

30 December 2020

Constitutional Court rejects Osman Kavala’s application

Constitutional Court rejects Osman Kavala’s application

The General Assembly of the Constitutional Court has concluded that arrested businessperson and rights defender Osman Kavala’s right to personal liberty and security has not been violated.

29 December 2020

General Assembly of Constitutional Court to review Kavala’s application on December 29

General Assembly of Constitutional Court to review Kavala’s application on December 29

Having reviewed the individual application of Osman Kavala, who has been behind bars for 1,150 days, on December 15, the First Chamber of the Constitutional Court previously forwarded his application to the General Assembly of the supreme court.

24 December 2020

Constitutional Court forwards Kavala’s application to General Assembly

Constitutional Court forwards Kavala’s application to General Assembly

Ahead of his first hearing on December 18, the First Section of the Constitutional Court has reviewed the individual application of arrested businessperson and rights defender Kavala and ruled that it shall be forwarded to the General Assembly.

15 December 2020

Kavala: I hope that courts will comply with the law

Kavala: I hope that courts will comply with the law

Main opposition CHP MP Çakırözer visited Osman Kavala in prison ahead of the Constitutional Court’s review of his individual application today.

15 December 2020

Constitutional Court to review Kavala’s application on December 15

Constitutional Court to review Kavala’s application on December 15

Having postponed reviewing the individual application of arrested businessperson and rights defender Osman Kavala in September, the Constitutional Court has announced that it will examine his application next Tuesday.

11 December 2020

Constitutional Court deems Journalist Ahmet Altan's application against his imprisonment inadmissible

Constitutional Court deems Journalist Ahmet Altan's application against his imprisonment inadmissible

Altan has been convicted in a case related to the 2016 coup attempt.

2 December 2020

Journalists jailed after reporting torture of citizens apply to Constitutional Court

Journalists jailed after reporting torture of citizens apply to Constitutional Court

Three journalists have been remanded in custody since October 9 after their reports revealed that two citizens were tortured by soldiers in the Kurdish-majority Van province.

20 November 2020

Constitutional Court says locals' right to a fair trial is violated

LEGAL STRUGGLE FOR ECOLOGY

Constitutional Court says locals' right to a fair trial is violated

Constitutional Court has handed down its verdict regarding the application of locals from Karaburun, İzmir, who were struggling against a wind power plant to be built in their district. The Court has said that their right to a fair trial has been violated.

20 November 2020 Sakine Orman

Non-pecuniary damages for ill treatment in prison

Non-pecuniary damages for ill treatment in prison

The Constitutional Court has concluded that the prohibition of ill treatment was violated when a convict was kept in a cold room for five days with his hands and feet tied behind his back in what is known as the “hogtie” method, a notorious form of torture.

19 November 2020 Ayça Söylemez

'Prosecutor stalled investigation into Ortakaya's killing in border area after intelligence note'

'Prosecutor stalled investigation into Ortakaya's killing in border area after intelligence note'

The family of Kader Ortakaya, who was killed in 2014 when trying to cross into Syria's Kurdish town of Kobanê, has applied to the Constitutional Court due to the lack of an effective investigation into the incident.

11 November 2020

Upper court also rejects dismissed MP Berberoğlu's appeal despite Constitutional Court judgment

Upper court also rejects dismissed MP Berberoğlu's appeal despite Constitutional Court judgment

Although the top court ruled that Berberoğlu's rights were violated and should stand retrial, the lower courts have refused to comply with the judgment.

23 October 2020

'Administrative authorities exceeded the limit of their duty'

CONSTITUTIONAL COURT

'Administrative authorities exceeded the limit of their duty'

Examining two separate individual applications, the Constitutional Court has concluded that the disciplinary punishments given to two civil servants violated the presumption of innocence as they were acquitted of the offenses charged.

20 October 2020 Ayça Söylemez

ECtHR requests Turkey’s defense in sendika.org case

ECtHR requests Turkey’s defense in sendika.org case

In the lawsuit filed into the access blocks on sendika.org news website, the European Court of Human Rights (ECtHR) has requested Turkey’s defense.

20 October 2020

Constitutional Court says member's tweet doesn't reflect institutional view

'LIGHTS ARE ON' POLEMIC

Constitutional Court says member's tweet doesn't reflect institutional view

Court member Engin Yıldırım's tweet has sparked a new debate with the government.

14 October 2020

Journalist on trial ‘with the lights on’

Journalist on trial ‘with the lights on’

Standing trial for having tweeted about Judge Akın Gürlek, journalist Söğütlü testified at court, where she also referred to the controversial “Lights are on” tweet of a Constitutional Court member. Her lawyer Öztürk has spoken to bianet about the trial.

14 October 2020 Ayça Söylemez

Local court defies Constitutional Court ruling of right violation for Enis Berberoğlu

Local court defies Constitutional Court ruling of right violation for Enis Berberoğlu

After the Constitutional Court concluded that the rights of Enis Berberoğlu were violated, the İstanbul 14th Heavy Penal Court has indicated that there is no ground for retrial. Main opposition CHP Chair has denounced the ruling.

14 October 2020

Constitutional Court: Detecting 'ByLock' users not interference in private life

Constitutional Court: Detecting 'ByLock' users not interference in private life

ByLock is a messaging application that is considered as an evidence of membership of the "Fethullahist Terrorist Organization [FETÖ]," the group held responsible for the July 2016 coup attempt.

13 October 2020 Ayça Söylemez

Constitutional Court rejects appeal against Law on Criminal Enforcement

Constitutional Court rejects appeal against Law on Criminal Enforcement

Constitutional Court President and six members have indicated that the Law on Criminal Enforcement has the characteristics of a “pardon” and can only be implemented by an act of Parliament; however, the appeal has been rejected by a majority of votes.

7 October 2020 Ayça Söylemez

Erdoğan: Turkey to support Azerbaijan by all means

Erdoğan: Turkey to support Azerbaijan by all means

The President has made remarks on the clashes between Azerbaijan and Armenia, the Eastern Mediterranean crisis and possible changes in the structure of the Constitutional Court.

Constitutional Court rejects appeal against law on ‘multiple bar associations’

Constitutional Court rejects appeal against law on ‘multiple bar associations’

Reviewing the appeal against the law allowing the establishment of more than one bar association in three major cities of Turkey, the Constitutional Court has rejected the request for the annulment of the law by a majority of votes.

Constitutional Court postpones reviewing Osman Kavala’s application

Constitutional Court postpones reviewing Osman Kavala’s application

The Constitutional Court has postponed its session where the individual application of arrested businessperson and rights defender Osman Kavala will be reviewed. Kavala previously applied to court on the grounds that “his arrest was not legal.”

29 September 2020

Interior Minister targets Constitutional Court again, this time over 'Academics for Peace' ruling

Interior Minister targets Constitutional Court again, this time over 'Academics for Peace' ruling

As the top court's president responded to Minister Soylu's previous remarks, accusing him of "misleading the public," the minister said the Constiutional Court was acting "like a branch of the ECtHR."

24 September 2020

Constitutional Court: Request for removal of alimony payment inadmissible

Constitutional Court: Request for removal of alimony payment inadmissible

A man had applied to the top court, requesting the removal of the indefinite alimony payment to his ex-spouse.

23 September 2020