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Court of Cassation ruling on DEM Party's Gülistan Kılıç Koçyiğit: Ministry of Justice's request rejected

A public lawsuit was filed against DEM Party Group Deputy Chair Gülistan Kılıç Koçyiğit for 'making propaganda for a terrorist organization' before she was elected as a member of parliament. When the file reached the Court of Cassation, the trial continued on the grounds that it was not covered by parliamentary immunity. The file has been sent back to the local court.

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Court of Cassation ruling on DEM Party's Gülistan Kılıç Koçyiğit: Ministry of Justice's request rejected

The 3rd Criminal Chamber of the Court of Cassation ruled that the terrorist propaganda did not aim to disrupt the integrity of the state. The Ministry's request for a 'reversal for the benefit of the law' was also rejected.

While the trial was ongoing, the Constitutional Court (AYM) issued a violation ruling regarding Ömer Faruk Gergerlioğlu, who was in a similar legal situation to Koçyiğit. Koçyiğit submitted the Gergerlioğlu ruling to the court. Upon this, the court decided to stay the proceedings.

MINISTRY OF JUSTICE CALLED IT 'UNLAWFUL'

The Ministry of Justice stated that the decision was unlawful and requested a 'reversal for the benefit of the law.' The file came to the Court of Cassation again. In its assessment, the 3rd Criminal Chamber of the Court of Cassation referred to the Constitutional Court's rulings on Enis Berberoğlu and Ömer Gergerlioğlu, who are in similar situations to Koçyiğit, as well as the chamber's own recent decisions.

NOTABLE DECISION

According to the report by İlker Turak from EKOL TV, the court also recalled the provision in the Constitution stating that members of parliament can only be tried in cases of 'flagrante delicto' requiring heavy penalties. The chamber pointed out that the crime of 'making propaganda for a terrorist organization' attributed to Koçyiğit does not fall within this scope. It subsequently rejected the Ministry of Justice's request.


News Source: 12punto

Ministry of Justice Constitution AYM Ömer Faruk Gergerlioğlu terror propaganda trial Court of Cassation