Commentary on the 'Fool' case from İmamoğlu's lawyer: Pointing to the Constitutional Court ruling
The Constitutional Court has deemed it a violation of rights when a judge who heard witnesses is replaced and a verdict is rendered without those witnesses being reheard. This ruling has brought discussions regarding a fair trial in the 'Fool Case,' in which Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu is being tried, back to the agenda. İmamoğlu's lawyer, Kemal Polat, drew attention to the significance of the Constitutional Court's decision.
The Constitutional Court (AYM), in a ruling on an individual application, evaluated the practice of changing judges who heard witnesses in a case and rendering a verdict without those witnesses being reheard as a violation of rights. This decision has drawn attention to the practices during the process of the “Fool Case,” in which Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu is being tried with a request for a political ban.
LAWYER POLAT: THE CONSTITUTIONAL COURT RULING IS VERY IMPORTANT
İmamoğlu’s lawyer, Kemal Polat, evaluated the Constitutional Court’s ruling and made the following statement:
“The process known in the public eye as the Fool Case has continued under the shadow of many practices contrary to law and legislation; the right to defense has been restricted and the right to a fair trial has been violated. This decision by the Constitutional Court shows similarities to the change of judge and subsequent developments in the Fool Case. This decision is, of course, an important legal step that must be taken into account.”
WHAT HAD HAPPENED?
In the November 2022 hearing of the case filed against IMM Mayor Ekrem İmamoğlu on the allegation that he insulted YSK members in a press statement he made on November 4, 2019, İmamoğlu's lawyers had requested that İmamoğlu be heard due to the change of judge.
Lawyer Kemal Polat had filed a motion for the recusal of the judge after their requests were rejected.
News Source: 12punto
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