Council of State ruling on police officer who abused a child in a patrol car
A police officer who sexually abused a child he took into his patrol car was sentenced to 2 years and 6 months in prison and was dismissed from the profession. The Council of State had the final say on the officer, who had received a favorable ruling from the Regional Administrative Court in his lawsuit to cancel the dismissal. The High Court overturned the cancellation decision and accepted the Ministry of Interior's appeal.
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The 2nd Chamber of the Council of State has reached a verdict in the case regarding the dismissal from public service of a police officer who sexually abused a child he took into his patrol car while on duty.
It was stated that the police officer molested the child, whom he had taken into his patrol car around 03:00 at night while on duty and against whom he had not initiated any judicial proceedings. In the criminal case filed, the officer was sentenced to 2 years and 6 months in prison for the crime of "sexual abuse by way of molestation."
The High Disciplinary Board of the Ministry of Interior decided on December 2, 2019, to dismiss the police officer from public service. The reason for the dismissal was recorded as "committing acts of a disgraceful and shameful nature that are incompatible with the status of a civil servant."
DIFFERENT DECISION FROM THE ADMINISTRATIVE COURT
According to the report by İsmail Arı from Birgün, the police officer applied to the Administrative Court with a request to cancel the dismissal decision. The court rejected the case on the grounds that the action was not unlawful.
However, the Regional Administrative Court reached a different decision during the appellate review of the file. While the first-instance court's decision was overturned, it was stated that ministerial approval was required for the dismissal process. The action, which was carried out without ministerial approval, was found to be unlawful in terms of form and procedure and was cancelled.
COUNCIL OF STATE OVERTURNED THE DECISION
The Ministry of Interior took the Regional Administrative Court's decision to the Council of State. The Council of State Rapporteur Judge also expressed the opinion that the decision should be overturned.
The 2nd Chamber of the Council of State ruled that there was no legal merit in the Regional Administrative Court's decision and accepted the Ministry's appeal request.
The Regional Administrative Court's decision was overturned, and the file was sent to the relevant court for a new decision to be made.