Statement from Constitutional Court President on Tayfun Kahraman: Violations found regarding two rights

Constitutional Court (AYM) President Kadir Özkaya made an assessment regarding the second individual application of Tayfun Kahraman, who is a convict in the Gezi Park trial. Özkaya recalled that violations were identified in the application regarding both the “right to a fair trial” and the “right to individual application.”

Meeting with Turkish Press Federation President Sinan Burhan and board members, Özkaya reported that the reasoning for the Kahraman decision is currently in the publication process.

Regarding the role of the Constitutional Court in individual applications, Özkaya emphasized that the court does not act as an “appellate court.” He stated that the duty of the Constitutional Court is not to conduct a legality review, but to carry out a constitutional review.

The Constitutional Court President expressed that there is no hierarchical relationship between high judicial bodies, and that the duties and powers of each institution are determined by the Constitution and laws. Özkaya said that allegations of violations in individual applications are evaluated with a “justice-oriented approach.”

In his assessment regarding the Kahraman file, Özkaya noted that the Constitutional Court does not decide whether a person is guilty or not, but examines whether procedural guarantees were provided during the trial process. Özkaya stated that the first decision rendered regarding Kahraman was also handled within this framework.

News Source: 12punto