Violation decision for Aysel Tuğluk from Constitutional Court 

2022-05-25 13:30:53


	 

	ANKARA - The Constitutional Court decided that the "right to assembly and demonstration" was violated for the ill prisoner and politician Aysel Tuğluk, and also ordered 13 thousand 500 TL of non-pecuniary damage to be paid.

	 

	The Constitutional Court (AYM) gave a decision of violation of rights in the application filed in 2019 regarding politician Aysel Tuğluk, who suffers from dementia. In the public case brought against Aysel Tuğluk for attending a demonstration held by the Democratic Society Congress (DTK) on October 8, 2010 in the Nusaybin district of Mardin, a decision was made to postpone the prosecution and put the applicant under judicial control for three years. After the objection of Tuğluk's lawyers to the Mardin 2nd High Criminal Court was rejected, the case was brought before the Constitutional Court.

	 

	Tuğluk filed an application claiming that the decision to postpone the prosecution and put her under judicial control for three years, instead of acquittal, violated the "right to assembly and demonstrations".

	 

	The Constitutional Court (AYM) claimed that the investigation started five years after the incident, that she did not benefit from the assistance of a lawyer during the trial, that the right of the lawyer to question the witnesses and access the documents in the file was violated, thus it was a violation of the right to a fair trial guaranteed in Article 36 of the Constitution.

	 

	THE MINISTRY DECIDED THAT THERE IS A FAIR BALANCE

	 

	Upon the request of the Constitutional Court, the Ministry of Justice, in its reply, argued that the decision to postpone the prosecution did not interfere with the right to assembly. The ministry argued that filing a lawsuit against Tuğluk for not leaving the event at which she was charged was a fair balance.

	 

	VIOLATION DECISION

	 

	Finding the application acceptable, the Constitutional Court, with the dissenting vote of member Selahaddin Menteş, decided that the “right to assembly and demonstration”, which is guaranteed in Article 34 of the Constitution, was violated. In the decision, a retrial was decided, it was also decided to pay Tuğluk 13 thousand 500 TL for non-pecuniary damage.

	 

	In the Kobanê investigation application, which is the second arrest of Tuğluk, the same Constitutional Court had recently given a decision to reject it without "substantial examination".