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Following the decision of the Constitutional Court of “violation of rights” against Enis Berberoğlu, who was removed as a deputy, the 14th Higher Criminal Court of Istanbul decided that the decision of the Constitutional Court was “within the scope of the suitability check” and decided not to there was room for a new trial.
Appealing to the decision of the 14th Istanbul High Criminal Court, Enis Berberoğlu’s lawyers requested that the decision be reviewed and reversed in the petition they submitted to the 15th Istanbul High Criminal Court.
In the petition it was recalled that the Constitutional Court ruled that “freedom has been violated” and it was noted that no authority has the authority to supervise or review this decision.
In the petition, which states that the decisions of the Constitutional Court must be complied with, “In cases where the Constitutional Court orders a new trial to correct the violation detected, different from the institution of renewal of the trial regulated in the procedural laws relevant, the court of instance has no discretionary power ”.
REJECTION OF THE COURT
15. The High Criminal Court ruled that there was no room for a decision on the lawsuit filed against Enis Berberoğlu and dismissed the appeal.