Constitutional Court ruling on Tayfun Kahraman: Retrial and 100,000 lira compensation
The Constitutional Court has ruled that Tayfun Kahraman's rights to a fair trial and personal liberty were violated; the path to a retrial has been opened.
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The Constitutional Court (AYM) has issued a violation ruling regarding the individual application of Tayfun Kahraman, who is currently imprisoned in the Gezi Park case. The High Court ruled that Kahraman's right to a fair trial and his right to personal liberty and security had been violated.
In its decision, the General Assembly of the Constitutional Court stated that the right to a fair trial, guaranteed under Article 36 of the Constitution, had been violated. The court ordered a retrial to eliminate the consequences of the violation.
In line with the decision, the case file is expected to be brought before the Istanbul 13th High Criminal Court once again. The Constitutional Court ordered that a copy of the decision be sent to the relevant court for the purpose of remedying the consequences of the violation.
The High Court also ordered that 100,000 lira in non-pecuniary damages be paid to Kahraman for the moral damages he suffered.
The General Assembly of the Constitutional Court also decided that the decision be sent to the Ministry of Justice and the Council of Judges and Prosecutors (HSK) for informational purposes.