# Turkish Constitutional Court rulings and Gezi Park cases

> Live situation record from CLSTR: https://clstr.news/situations/turkish-constitutional-court-rights-rulings
> Updated: 2026-10-16T07:31:00.000Z. Sources: 45. Developments: 4.

The Constitutional Court of Turkey has issued several rulings addressing violations of fundamental rights. In one instance, the Court determined that the freedom of expression of Yeni Parti leader Özgür Özel was violated regarding his 2020 criticisms of a former Vice President, ordering the state to pay 50,000 TL in non-pecuniary damages and sending the case back for retrial.

In matters involving the Gezi Park protests, the Court found that the rights to a fair trial and personal liberty of urban planner Tayfun Kahraman were violated. The Court awarded Kahraman 100,000 TL in damages and ordered a retrial. On October 6, 2026, the Court emphasized that the Istanbul 13th High Criminal Court is constitutionally obligated to initiate retrial proceedings for Kahraman immediately, without waiting for a formal application.

Developments regarding businessman Osman Kavala continue to face judicial resistance. Despite a ruling from the Grand Chamber of the European Court of Human Rights (ECHR) declaring his rights were violated and characterizing his detention as unlawful, the Istanbul 13th High Criminal Court rejected requests for his release and retrial. The court maintained that the ECHR does not act as a court of appeal and that evidence evaluation remains within national jurisdiction.

On October 16, 2026, Kavala issued a statement accusing the Istanbul 13th High Criminal Court of undermining the credibility of the Turkish judiciary. He argued that the refusal to reopen his case constitutes a “serious human rights violation and an arbitrary interpretation of criminal procedure laws,” maintaining that his prosecution is politically motivated.

## Claims

- The Constitutional Court ruled that Tayfun Kahraman's rights to a fair trial and personal liberty and security were violated. (corroborated by 3 sources)
- The court ordered the payment of 100,000 Turkish Lira in non-pecuniary damages to Kahraman. (corroborated by 3 sources)
- The court emphasized that its duties and powers are determined by the Constitution, not by the interpretations of lower courts. (corroborated by 2 sources)
- Tayfun Kahraman was sentenced to 18 years in prison by the Istanbul 13th High Criminal Court in April 2022. (corroborated by 2 sources)
- The relevant court must initiate retrial proceedings without waiting for a formal application from the parties. (single source)

## Timeline

### 2026-10-16: Osman Kavala criticizes Turkish court for rejecting retrial request

Turkish activist Osman Kavala accused an Istanbul court of damaging judicial credibility after it rejected his request for a retrial, defying a binding European Court of Human Rights ruling.

4 sources. https://clstr.news/cluster/osman-kavala-criticizes-turkish-court-for-rejecting-retrial-request

### 2026-10-12: Turkish courts reject Kavala retrial despite ECHR ruling

Turkish courts rejected Osman Kavala’s request for release despite ECHR rulings, while the Constitutional Court ordered a retrial for Tayfun Kahraman following a rights violation finding.

11 sources. https://clstr.news/cluster/constitutional-court-sends-gezi-park-case-retrial-reasoning-to-local-court

### 2026-10-05: Constitutional Court orders retrial for Tayfun Kahraman

Turkey's Constitutional Court has ordered a retrial and 100,000 TL in damages for Tayfun Kahraman, ruling that his rights to a fair trial and personal liberty in the Gezi Park case were violated.

11 sources. https://clstr.news/cluster/constitutional-court-orders-retrial-for-tayfun-kahraman

### 2026-09-19: Constitutional Court rules Özgür Özel's freedom of expression was violated

Turkey's Constitutional Court ruled that Özgür Özel's freedom of expression was violated in a case involving Fuat Oktay, ordering the state to pay him 50,000 TL in damages.

35 sources. https://clstr.news/cluster/zgr-zel-emphasizes-economic-production-and-unity-in-bursa

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Cite as: Turkish Constitutional Court rulings and Gezi Park cases. CLSTR, https://clstr.news/situations/turkish-constitutional-court-rights-rulings