Constitutional Court

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Second ruling of right violation for the access block to sendika.org news website

Second ruling of right violation for the access block to sendika.org news website

Combining 17 individual applications about the issue, the Constitutional Court has once again concluded that 62 access blocks imposed on sendika.org news website and successive websites have violated freedom of expression and press.

15 September 2020

From Minister Soylu to Constitutional Court President: Cycle to work

From Minister Soylu to Constitutional Court President: Cycle to work

The Constitutional Court has annulled the law article prohibiting demonstrations and protest marches on intercity roads. Interior Minister Soylu has asked the President of the Court in response: “Why do you have police protection and escort, then?”

15 September 2020

Constitutional Court: Preventing abused child from having an abortion violated her rights

Constitutional Court: Preventing abused child from having an abortion violated her rights

A court had not allowed R.G., who was raped and impregnated when she was underage, to have an abortion.

10 September 2020

Constitutional Court: Dismissed public officials can work as an attorney

Constitutional Court: Dismissed public officials can work as an attorney

Local courts had canceled two people's registration at bar associations on the ground that they had been previously dismissed from public service by statutory decrees.

10 September 2020

Constitutional Court ruling on ‘Kuşkonar massacre’ 26 years later

VILLAGERS' RIGHT TO LIFE VIOLATED

Constitutional Court ruling on ‘Kuşkonar massacre’ 26 years later

Constitutional Court has handed down its ruling regarding the bombing of Kuşkonar and Koçağılı villages in Şırnak 26 years ago. The Court has unanimously concluded that the right to life of 38 deceased people, the wounded and their relatives was violated.

4 September 2020

‘Prohibition of maltreatment is violated by gendarmerie’s beating of arrested student’

CONSTITUTIONAL COURT

‘Prohibition of maltreatment is violated by gendarmerie’s beating of arrested student’

Transferred to İstanbul so that he could take his exams at university, arrested student Can was battered by gendarmerie. He took the ensuing impunity to the Constitutional Court, which has concluded that prohibition of maltreatment was violated.

20 August 2020 Ayça Söylemez

Constitutional Court rejects death fasting lawyers’ request for release

Constitutional Court rejects death fasting lawyers’ request for release

Rejecting death fasting lawyers’ request for release, the Constitutional Court neither examined the medical reports nor their statements on not being treated at hospital. “There is no serious danger posed to their material or immaterial integrity,” it has concluded.

14 August 2020 Ayça Söylemez

Same court, same report, two different decisions

DEATH FASTING LAWYERS

Same court, same report, two different decisions

The attorneys of Ebru Timtik and Aytaç Ünsal stated in their application to the Constitutional Court that the lower court's decision not to release the lawyers was "contradictory, unlawful and arbitrary."

11 August 2020 Ayça Söylemez

Application to Constitutional Court for ‘immediate release’ of death-fasting lawyers

Application to Constitutional Court for ‘immediate release’ of death-fasting lawyers

An application has been made to the Constitutional Court for the release of death-fasting arrested lawyers Ebru Timtik and Aytaç Ünsal. It has been noted that the lawyers are held in pandemic hospitals in conditions worse than prison.

10 August 2020 Ayça Söylemez

Tortured by soldiers in detention, woman to be paid damages

Tortured by soldiers in detention, woman to be paid damages

Concluding the application of Feride Kaya, who was tortured by two gendarmerie officers in detention, the Constitutional Court has ruled that she shall be paid 90,000 lira in damages as the prohibition of torture has been violated.

Constitutional Court to examine main opposition party's application against 'multiple bars law' at a later date

Constitutional Court to examine main opposition party's application against 'multiple bars law' at a later date

The parliament has recently passed a law allowing more than one bar association in larger cities.

Legal organizations call on Constitutional Court to repeal the law of multiple bars

Legal organizations call on Constitutional Court to repeal the law of multiple bars

Before the Constitutional Court convenes to discuss the law of “multiple bar associations” today, a group of legal organizations have released a joint statement, calling on the supreme court to annul the related legal amendment.

Application to Constitutional Court over failure to implement ECtHR ruling on Demirtaş

Application to Constitutional Court over failure to implement ECtHR ruling on Demirtaş

The ECtHR previously concluded that the conviction of imprisoned former HDP Co-Chair Demirtaş over a speech violated his rights. As the local court rejected his attorneys’ request for retrial, an individual application has been made to Constitutional Court.

Constitutional Court: Union activity is a fundamental right

Constitutional Court: Union activity is a fundamental right

Concluding the application of 19 union members convicted of “membership of a terrorist organization,” Constitutional Court has noted that their union activities are their basic right and no connection has been found between these activities and the organization.

21 July 2020 Ayça Söylemez

Constitutional Court: Judge examining appeal against his own decision violated right to fair trial

Constitutional Court: Judge examining appeal against his own decision violated right to fair trial

A judge who rejected a prisoner's application was later appointed to the higher court and examined his appeal as well.

17 July 2020 Ayça Söylemez

Constitutional Court receives 100 individual applications for rights violations every day

Constitutional Court receives 100 individual applications for rights violations every day

The Minister of Justice has responded to a parliamentary question by a main opposition party MP.

Case of child deemed ‘member of a terrorist organization’ taken to Constitutional Court

Case of child deemed ‘member of a terrorist organization’ taken to Constitutional Court

An appeal has been filed at the Constitutional Court against the decision of non-prosecution given for the death of 13-year-old Elarslan, who was considered the “member of a terrorist organization” based on an anonymous witness statement.

Constitutional Court: Non-contact visits shall not be tapped or recorded

Constitutional Court: Non-contact visits shall not be tapped or recorded

Constitutional Court has concluded that the right to respect for private and family life of Köse, an arrestee of organization membership, was violated as his conversations with his family during non-contact visits were listened and recorded.

7 July 2020 Ayça Söylemez

Court rejects Selahattin Demirtaş's request for release

Court rejects Selahattin Demirtaş's request for release

The local court has rejected the request of release for former HDP Co-Chair Demirtaş, which was submitted by his attorneys after the Constitutional Court concluded that his right to personal liberty and security was violated by his imprisonment.

‘Participating in the activities of an association cannot be cited as criminal evidence’

CONSTITUTIONAL COURT

‘Participating in the activities of an association cannot be cited as criminal evidence’

Constitutional Court has concluded that freedom of association of Yılmazöz was violated as he was convicted of “being a member of a terrorist organization” due to his participation in the event of an association while he was a student.

Criminal complaint by Constitutional Court against HDP

Criminal complaint by Constitutional Court against HDP

The Constitutional Court has ruled that a criminal complaint shall be filed against the party officials who accepted a donation from a person who was not a citizen of Turkey.

29 June 2020 Hikmet Adal

Request of release for Selahattin Demirtaş

Request of release for Selahattin Demirtaş

The attorneys of former HDP Co-Chair Selahattin Demirtaş have submitted a request for his release, citing the recent Constitutional Court ruling of right violation.

Questions from ECtHR to Turkey regarding the killing of Berkin Elvan

Questions from ECtHR to Turkey regarding the killing of Berkin Elvan

Following a ruling of rejection by Constitutional Court, ECtHR now examines the application regarding the killing of Berkin Elvan as a “priority case.” It has asked questions to Turkey about the use of gas canisters and failure to investigate public officials.

Arrest of Eren Erdem was 'not a proportionate measure,’ says Constitutional Court

Arrest of Eren Erdem was 'not a proportionate measure,’ says Constitutional Court

The Constitutional Court has concluded the application of former main opposition CHP MP Eren Erdem and ruled that he shall be paid damages as his rights were violated by his imprisonment for 16 months.

Constitutional Court: Rights of Selahattin Demirtaş violated

Constitutional Court: Rights of Selahattin Demirtaş violated

The Constitutional Court has concluded that the right to personal liberty and security of former HDP Co-Chair Selahattin Demirtaş has been violated as his period of arrest exceeded the reasonable duration.

CHP Appeals to Constitutional Court Against Law on Criminal Enforcement

CHP Appeals to Constitutional Court Against Law on Criminal Enforcement

Addressing the reporters after appealing to the Constitutional Court, main opposition CHP’s Altay has said, “We want the writers and those who expressed their opinions to benefit from reduced sentences benefited by muggers and usurpers.”

HDP Appeals to Constitutional Court for Güven, Farisoğulları Stripped of MP Status

HDP Appeals to Constitutional Court for Güven, Farisoğulları Stripped of MP Status

HDP Group Deputy Chair Oluç has argued that stripping HDP’s lawmakers Güven and Farisoğulları of their MP status violates the Constitution, the Parliamentary Bylaw and the European Convention on Human Rights (ECHR).

Non-Prosecution of Nadira Kadirova's Suspicious Death Taken to Constitutional Court

Non-Prosecution of Nadira Kadirova's Suspicious Death Taken to Constitutional Court

Attorney İlyas Doğan has appealed to the Constitutional Court regarding the decision of non-prosecution given for domestic worker Nadira Kadirova's suspicious death at the house of ruling AKP MP Şirin Ünal in September 2019.

Journalists to Constitutional Court: Consider Principle of Equality, Release Journalists

Journalists to Constitutional Court: Consider Principle of Equality, Release Journalists

The top court will review the application against a recently enacted prison release law, which excluded journalists and politicians.

Constitutional Court: Prisoner Cannot be Prevented from Sending Letter to Rights Group

Constitutional Court: Prisoner Cannot be Prevented from Sending Letter to Rights Group

A convict's letter to the Civil Society in the Penal System (CİSST) Association was censored by the prison administration.

20 May 2020 Ayça Söylemez

Constitutional Court to Examine Law on Criminal Enforcement as to the Merits

Constitutional Court to Examine Law on Criminal Enforcement as to the Merits

The Constitutional Court has completed its first examination on the request for the annulment of newly enacted law on criminal enforcement and stay of its execution. The top court has decided to proceed to an examination as to the merits.

From 13 Bar Associations to Constitutional Court: Annul Law on Criminal Enforcement

From 13 Bar Associations to Constitutional Court: Annul Law on Criminal Enforcement

13 bar associations, including the Diyarbakır Bar, have called on the Constitutional Court to rebuild social peace by annulling the recently enacted law on criminal enforcement, which it will start examining on procedural grounds today.