started · updated
Constitutional Court orders retrial for Tayfun Kahraman
The Turkish Constitutional Court (AYM) has issued a second ruling regarding Tayfun Kahraman, a city planner sentenced to 18 years in prison in the Gezi Park case. The court ruled that Kahraman's rights to a fair trial and personal liberty and security were violated.
Following the decision, which was published in the Official Gazette, the AYM ordered a retrial and the payment of 100,000 Turkish Lira in non-pecuniary damages to Kahraman. The court emphasized that the Istanbul 13th High Criminal Court is constitutionally obligated to initiate retrial proceedings immediately, without waiting for a formal application from the parties.
The ruling addresses previous failures by lower courts to implement the AYM's initial violation decision. The court rejected the argument that the AYM was overstepping its authority, stating that its powers are defined by the Constitution and cannot be redefined or challenged by lower courts.
Entities
Anayasa Mahkemesi · Cansu Çifçi · Constitutional Court of Turkey · Gezi Parkı · Istanbul 13th High Criminal Court · Ministry of Justice · Tayfun Kahraman
Claims
What the coverage asserts, and how many sources carry each claim.
- [● 3 SOURCES] The court ordered the payment of 100,000 Turkish Lira in non-pecuniary damages to Kahraman. halktv.com.tr · www.yenicaggazetesi.com
- [● 2 SOURCES] Tayfun Kahraman was sentenced to 18 years in prison by the Istanbul 13th High Criminal Court in April 2022. www.habereguven.com · www.gazetepencere.com
- [○ 1 SOURCE] The relevant court must initiate retrial proceedings without waiting for a formal application from the parties.
- [● 2 SOURCES] The court emphasized that its duties and powers are determined by the Constitution, not by the interpretations of lower courts. www.habereguven.com · www.yenicaggazetesi.com
- [● 3 SOURCES] The Constitutional Court ruled that Tayfun Kahraman's rights to a fair trial and personal liberty and security were violated. halktv.com.tr · www.yenicaggazetesi.com
- [○ 1 SOURCE] The Constitutional Court stated that the Istanbul 13th High Criminal Court is constitutionally obligated to start the retrial.