Decision of notable violation of the Constitutional Court



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The Constitutional Court rejected Osman Kavala’s individual application with 7-8 votes the day before. The AYM decided that Kavala’s “right to liberty and security of person” was not violated.

A day later, the same court unanimously issued a rape decision in the file of Professor Esra Özkan Özakça, who opposed the decision to house arrest. The decision indicated that “it was unanimously ruled that the allegation that the right to liberty and security of the person was violated by the judicial control measure in the form of not leaving home is illegal.”

According to Yusuf Demir’s report from Sözcü; Turgut Kazan, former president of the Istanbul Bar Association, harshly criticized the Constitutional Court after these successive decisions. “We have a surrendered Constitutional Court, all of whom are members of the Palace and the majority of the AKP,” Kazan said.

In summary, the boiler made the following assessment:

“Özakça’s decision is an important decision that concludes that the conditions of detention must be met in the implementation of a measure that qualifies as house arrest.

A good and correct valuation legally. But when we compare the verdict on the arrest the day before, it is devastating … Here we are faced with such a Constitutional Court.

Cancellations that won’t work, cancellations that won’t anger the Palace, and direct and concrete violations that won’t work …

If the problem is changing the lawyer’s law, you can’t touch him. He cannot touch that much, he calls the representation of a 46-person bar association with 4 people, but a 50,000-person bar association with 13 delegates, “justice on behalf”.

“WE HAVE A CONSTITUTIONAL COURT DELIVERED”

So what will you do if they bring this “justice in representation” to the parliamentary elections? If they say that 3 deputies will be elected from each province, that is, if they coincide with Istanbul and Ardahan, you will also say “yes” to that.

Even on Kavala’s arrest warrant for almost 4 years, his hand is burned, he’s scared. In other words, we have a surrendered Constitutional Court, all of whom are members determined by the Palace and the majority of the AKP.

That Constitutional Court occasionally issues rape decisions of this type before the European Court of Human Rights, for fear of not being considered a place of jurisdiction. In practice, these decisions are legally good, it is true, but nobody can work. “

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