Constitutional Court orders retrial for Emine Şenyaşar: Fine overturned

The Constitutional Court (AYM) has issued a violation ruling regarding the judicial fine imposed on Emine Şenyaşar for allegedly insulting former AK Party MP İbrahim Halil Yıldız.

Şenyaşar, who lost her husband and two sons in an attack by the bodyguards and relatives of AKP member Yıldız in the Suruç district of Urfa on June 14, 2018, was sued over remarks she made on October 2, 2020, during the 7th hearing of the trial in which her son Fadıl Şenyaşar was being tried while in custody.

PRONOUNCEMENT OF THE VERDICT WAS DEFERRED

The final hearing of the case, which was opened on charges of "insulting a public official" based on her words, "This Halil (AK Party's Halil Yıldız) is a usurer, he is a thief, let them go after these thieves, let them go after Halil and see how many people he has killed," was held on September 6, 2022, at the Ankara 6th Criminal Court of First Instance. The court sentenced Şenyaşar to a judicial fine of 265 days and deferred the pronouncement of the verdict.

Şenyaşar's lawyers appealed the decision on September 17, 2022. Following the rejection of the appeal, an individual application was made to the Constitutional Court on October 26 of the same year on the grounds of "violation of the right to a fair trial." The application requested a "retrial."

According to the report in MA, the Constitutional Court finalized the application on July 21. The Constitutional Court ruled that the applicant's "right to a fair trial" had been violated. The ruling stated, "There is a legal interest in conducting a retrial to eliminate the consequences of the violation. In this context, the task to be performed by the judicial authorities to whom the decision is sent is to initiate retrial proceedings and to issue a new decision that eliminates the reasons that led the Constitutional Court to the conclusion of violation and is in accordance with the principles specified in the violation decision."