Bad news for appointed rector from the Constitutional Court

The Constitutional Court, having reviewed a preventive measure decision taken against a student at the request of Boğaziçi University Rector Naci İnci, has ruled that the student's fundamental rights were violated. The decision in question had been taken within the framework of Law No. 6284 on the Protection of Family and Prevention of Violence Against Women. With the ruling, it was ordered that 34 thousand liras in non-pecuniary damages be paid to the student.

In the reasoning for the court's decision, it was recalled that the purpose of Law No. 6284 is to protect women, children, family members, and victims of stalking who are victims of violence; it was stated that, given the public authority held by the rector, his being evaluated as a victim of stalking within the scope of this law was legally incomprehensible.

The High Court emphasized that the conditions under which such preventive measures can be applied are clearly defined in the law and that there was no compliance with these in the incident. Thus, it was ruled that the decision applied against the student who participated in protest actions was unlawful.

Following the decision, it is stated that it could set a precedent for similar cases at the relevant university and other higher education institutions.