Objection from Tayfun Kahraman's lawyer to the Istanbul 13th High Criminal Court's decision: Request for compliance with the ruling

The Istanbul 13th High Criminal Court has refused to comply with the Constitutional Court's (AYM) ruling of a 'rights violation' regarding Tayfun Kahraman, one of the convicts in the Gezi Park trial.

In its rejection decision, the Istanbul 13th High Criminal Court claimed that the AYM, which ruled that Kahraman's right to a fair trial had been violated and ordered a retrial by stating that "his actions have no causal link to violent incidents," was "acting like a super-appellate court." In the reasoning of the court's decision, which included statements that the AYM is "not a super-appellate court" and that it "usurped authority," it was stated: "While the Constitutional Court was issuing a rights violation decision as a result of an individual application review in this concrete case, it acted as if it were an appellate authority; in the reasoning it created, it acted in clear violation of both the Constitution and the mandatory provisions of the law, thereby 'usurping authority'."

Despite public reaction, the failure to comply with the ruling of the AYM, which is Turkey's highest judicial authority, drew criticism not only from opposition parties but also from many figures within the AKP.

Tayfun Kahraman's lawyer, Cansu Çiftçi, has objected to the decision of the Istanbul 13th High Criminal Court, which resisted the AYM ruling.

Lawyer Çiftçi submitted a petition to the higher court, the Istanbul 14th High Criminal Court, requesting that the decision of the Istanbul 13th High Criminal Court be overturned and that the AYM ruling be complied with.

News Source: 12punto