Constitutional Court rules violation of monitoring lawyer-client meeting

img
ANKARA – The Constitutional Court ruled that monitoring a lawyer-client meeting in a file was "violation of the rights to respect for private life and fair trial".
 
In its application to monitor the meeting of prisoner Celaleddin Kolutek with his lawyer, the Constitutional Court (AYM) ruled that Kolutek's "right to respect for his private life and to a fair trial were violated". The meeting of Kolutek, who was arrested on July 17, 2016, in the investigation against the Fethullah Gülen organization, with his lawyers was monitored by the prison staff, and a disciplinary investigation was brought to the Constitutional Court due to the statements made in the meeting. In the application made by Fadime Kolutek and other family members, the Constitutional Court ruled that the right to respect for private life guaranteed by Article 20 of the Constitution and the right to a fair trial guaranteed by Article 36 of the Constitution were violated.
 
'MEASURES WERE NOT IMPLEMENTED REQUIRED EXTENT'
 
Evaluating the application regarding the violation of the right to respect for private life and a fair trial, the Constitutional Court pointed out in its decision that the issue occurred during the State of Emergency (OHAL) and that the measures taken during this period were aimed at ensuring the security of the society and the penal institution.
However, it was stated in the decision that the decision regarding the monitoring of the conversations with the lawyer was taken not by the public prosecutor, but by the Presidency of the Penal Institution Administration and Observation Board, was of a general nature and did not carry an individualized justification, and emphasized that the measure subject to intervention was not implemented to the extent required by the situation.
 

View More Articles

21/06/2024
11:25 Prisoners protest for freedom of Öcalan
11:23 2 people who lost their lives in the fire were buried
11:20 Fire continued throughout the night: Authorities arrived in the morning
11:16 Fire in Şemrex spread to the settlement
20/06/2024
14:33 Forbidden in Dola Qeşura
14:32 Call to the 'No way to trustees' rally: It's time to expand the united struggle
13:43 'Lives of immigrants are non-negotiable'
12:00 No timetable for problem of prisoners from Minister of Justice
11:58 'Regulations must be made for refugees in the context of human rights
09:27 Prisoners protest for freedom of Öcalan
09:25 Ill prisoner Han dies
19/06/2024
15:36 Koçyiğit: We will win no matter what
13:44 Prisoners protest for freedom of Öcalan
13:43 Reaction to 'kill' law: It is not a solution
17/06/2024
13:18 Police murdered woman he married and her child
13:17 Prisoners protest for freedom of Öcalan
13:15 Women's agenda: Common struggle against attacks
12:38 Journalist Aykol made a member of AKP without his knowledge
15/06/2024
12:25 Call from DEM Party to confront the Seyfo Massacre
12:24 Women take over guard duty against trustee
12:23 'Freedom' protest of prisoners continues
12:23 Call from Hüda Kaya's daughter before trial
14/06/2024
17:42 ÖHD applies to Wan Bar Association for Abdullah Öcalan
17:39 Eid application from family and lawyers to Imrali
15:30 Lawyer of Abdullah Öcalan: If there is no isolation, why CPT report not disclosed?
11:36 Solitary confinement to prisoners in Antalya Type S
10:52 They will shout 'Freedom for Öcalan' in front of CPT
10:50 Water and hospital transportation problems in Şırnak Prison
10:47 Lawyer Cinbaş: Appointing a trustee is political, not legal
10:46 'Freedom' protest of prisoners continues
13/06/2024
17:23 Message from Akış to the rally: We will continue to resist
14:43 Penalty request against 6 women journalists
14:35 Imrali petition from legal organizations to Ankara Bar Association
14:34 Penalty request for journalist Müftüoğlu
12:46 'Freedom' protest of prisoners continues
12:45 Application to meet Abdullah Öcalan
10:02 Lawyer Sevimli: Trustee is political brigandage, it has no legal basis
12/06/2024
18:09 Co-Mayor Uğur releases
18:07 Elçi murder resulted in impunity: 3 police officers were acquitted
17:15 Relatives of prisoners met with Minister of Justice
16:17 Religious scholars: We will be in Colemêrg to raise our voices louder
16:03 Suspicious death of a woman in Cizir
15:26 Sinan Akay, perpetrator of violence arrests
15:20 Call from chambers and unions against 'savings package'
15:10 Healthcare professionals' struggle for 'tax justice' continues
13:58 Ayşe Ateş: 'Erdoğan gave the order to take action'
12:33 Constitutional Court rules violation of monitoring lawyer-client meeting
12:29 Feridun Yazar commemorated at his grave
12:28 Gerok Ma organizes children's event at Şemrex
12:27 Armed attack on private hospital in Istanbul