Will the Constitutional Court's 'rights violation' ruling affect İmamoğlu's case?: 'A fair trial must be ensured immediately'

The Constitutional Court (AYM) has issued a notable ruling regarding the changing of judicial panels while cases are ongoing. According to a report by Alican Uludağ, the AYM decided that changing the judges who heard the witnesses and having the verdict delivered by a different judicial panel constitutes a violation of rights.

THE 'AHMAK CASE' COMES TO MIND

Following this ruling by the AYM, the 'Ahmak Case' in which İmamoğlu is being tried came to mind. In that case, the president and one member of the 24th Criminal Chamber of the Istanbul Regional Court of Justice (BAM), which was set to oversee the appellate stage of the 2-year, 7-month, and 15-day prison sentence and 'political ban' handed down to IMM Mayor İmamoğlu, had been removed from their posts.

REMINDING OF İMAMOĞLU

After the AYM's decision was published in the Official Gazette, CHP's Gökhan Günaydın made a statement on his social media account, recalling the case in which İmamoğlu is being tried and stating that the change of the panel was a violation of rights, saying:

"The Constitutional Court has ruled that changing the panel during a trial constitutes a violation of the right to a fair trial. In the 'Ahmak Case' against İmamoğlu, the panel was changed both in the first-instance court and at the appellate stage. The decision, which was made on February 15, 2024, was published in the Official Gazette on November 15, 2024, with a 9-month delay. While the majority of members, including the then-AYM President Zühtü Arslan, signed the violation ruling, it was observed that 4 members, including the current president Kadir Özkaya, dissented by writing dissenting opinions."

"A FAIR TRIAL MUST BE ENSURED IMMEDIATELY"

CHP Group Deputy Chairman Murat Emir also expressed the following regarding the decision published in the Official Gazette on his social media account:

"The Constitutional Court has ruled that changing the judges who heard the witnesses in cases and having the verdict delivered by a different judicial panel constitutes a violation of rights. This decision, which states that the right to a 'fair trial' within the scope of the right to a fair trial has been violated, must be applied to all decisions made solely by reading the file, primarily the case in which our Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu is being tried, and a fair trial must be ensured immediately!"