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The lawsuit of Osman Kavala, who was released in the Gezi trial but was arrested again after being accused of the attempted coup on July 15, this time without being released, was referred to the Constitutional Court (AYM) with the decision taken. today in Section 1 of the Constitutional Court (AYM).
Kavala addressed the Constitutional Court with the allegation that “the” right to liberty and security “was violated because the detention was not legal.
“IT MAY MEAN TO BE IMPORTANT FOR THE DECISION TO BE MADE”
Speaking about the situation, lawyer Celal Ülgen said:
* Although the departments and commissions that are authorized to examine individual applications are mainly included in the scope of functions of the departments and commissions, the general assembly is also in charge of eliminating differences that have occurred or may occur between the decisions of the departments regarding individual requests and deciding on matters referred to the General Assembly by departments.
* Here, the request of the department authorized to examine the request to take the case to the General Assembly may mean that it wants to give importance to the decision.
DISCUSSION OF THE APPLICATION HAS BEEN POSTPONED
Given that the first chapter requires that the request be resolved by the General Assembly due to the nature of the request, it was decided to refer it to the General Assembly in accordance with paragraph (3) of article 28 of the Internal Regulations of the Constitutional Court. In accordance with this decision, the General Assembly of the Constitutional Court will subsequently consider the individual application. This individual application from Kavala was processed by the First Section of the Constitutional Court on September 29 and the processing of the application was postponed.
FIRST APPLICATION REJECTED
A previous individual lawsuit filed by Osman Kavala’s lawyers on allegations that “the right to liberty and security was violated because the arrest warrant is not legal, access to the investigation file is restricted, and investigations of detention are carried out without being brought before the judge / court “, was announced by the General Assembly of the Constitutional Court on May 22, 2019. It was rejected in. The General Assembly adopted the decision by a majority of 5 to 10 members.
Osman Kavala, detained on November 1, 2017 on charges related to the Gezi events, has been in prison for more than 3 years.
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