The Istanbul 13th High Criminal Court has rejected the request for a 'retrial' filed following the Constitutional Court's ruling of a rights violation regarding Tayfun Kahraman, who is imprisoned in the Gezi Park trial.
The court did not comply with the Constitutional Court's decision.
WHAT HAPPENED?
The reasoning behind the Constitutional Court's (AYM) ruling of a rights violation regarding urban planner Tayfun Kahraman, who was sentenced to 18 years in prison in the Gezi Park trial, has been published.
In the High Court's decision, it was noted that the courts failed to identify which of the social media posts and press statements cited as grounds for Kahraman's conviction contained expressions inciting violence or attempting to overthrow the government, and it was not understood which violent acts these had caused.
The ruling, which pointed out that the active role attributed to Kahraman in the occurrence of violent incidents could not be understood, stated: “The mere existence of violent incidents that emerged during a protest or demonstration process is not sufficient to hold individuals directly responsible unless a causal link is established between their own actions and these violent incidents.
Courts must clearly set out in the reasoning of their conviction decisions what the defendant's actions were that could be characterized as an attempt to overthrow the government using force and violence,” it said.
The AYM ruled that Kahraman's “right to a fair trial,” specifically the “right to a trial in accordance with equity,” had been violated and ordered a retrial.
On the other hand, it was also noted that the High Court emphasized in the aforementioned decision that “the discretion lies with the court.” The decision stated, “This ruling of a rights violation is independent of the outcome of the dispute and does not mean that an acquittal or conviction must be decided in the retrial to be held following the violation ruling.”
News Source: 12punto
