Detained for 40 days... Application to the Constitutional Court by the lawyer of Şişli Mayor Resul Emrah Şahan
The lawyer for Şişli Mayor Resul Emrah Şahan has filed an individual application with the Constitutional Court against his client's detention order. The application emphasizes that the rights to liberty and security, the right to be elected and engage in political activity, and the right to a fair trial have been violated.
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Hüseyin Ersöz, the lawyer for Şişli Mayor Resul Emrah Şahan, filed an individual application with the Constitutional Court today. The application states that Şahan's right to personal liberty and security, as well as his right to be elected and engage in political activity, have been violated.
Making a statement in front of the Istanbul Courthouse, Attorney Hüseyin Ersöz said that they had applied to the Constitutional Court regarding the rights violations experienced by his client. Ersöz stated that the right to personal liberty and security guaranteed under Article 19 of the Constitution, the right to a fair trial specified in Article 36, and the right to be elected and engage in political activity regulated in Article 67 have been violated.
The petition emphasizes that the detention order lacks a legal basis, that there is no strong evidence of a crime having been committed, and that the actions were politically motivated. The Constitutional Court has been requested to determine that the detention order constitutes a violation of rights and to order the immediate release of Şahan.
“THE DETENTION ORDER VIOLATES THE RIGHT TO PERSONAL LIBERTY AND SECURITY”
Attorney Hüseyin Ersöz, who made a statement in front of the Istanbul Courthouse, said the following:
“Today, we have filed our individual application to the Constitutional Court regarding the violation of the right to liberty experienced by our client, the elected Mayor of Şişli, Resul Emrah Şahan.
In this process, the right to personal liberty and security guaranteed under Article 19 of the Constitution, the right to a fair trial and the presumption of innocence contained in Article 36, and the right to be elected and engage in political activity regulated in Article 67 have been violated.
For this reason, in the individual application we made to the Constitutional Court today, we requested that the rights violations experienced by Resul Emrah Şahan be determined and that he be granted his freedom immediately. Our fundamental expectation is for the Constitutional Court to provide effective protection against rights violations and to take a strong stance against the usurpation of the public's will.”
The petition detailed that the detention order lacks a legal basis, that there is no strong evidence of a crime having been committed, that the principle of proportionality was disregarded, that the actions were politically motivated, and that the process constitutes a political intervention rather than a legal one. Within the scope of the application, the following requests were made to the Constitutional Court:
A determination that the detention order issued against Resul Emrah Şahan constitutes a violation of rights,
An acknowledgment that the right to personal liberty and security has been violated,
An acknowledgment that the right to be elected and engage in political activity has been violated,
A determination that the right to a fair trial and the presumption of innocence have been violated,
A decision for the immediate release of Resul Emrah Şahan in order to eliminate the rights violations.