Constitutional Court ruling on Kemal Kılıçdaroğlu’s ‘Fotoroman Süleyman’ video!

The Constitutional Court has issued its ruling regarding the 'drug trafficking' video shared by former CHP Chairman Kemal Kılıçdaroğlu, which also mentioned Süleyman Soylu, during his evening video addresses to voters throughout the May 14-28 election campaign.

The Ankara 4th Criminal Judgeship of Peace had previously imposed a ban on the video following a case brought to the judiciary by the General Directorate of Security.

Cumhuriyet columnist Barış Terkoğlu, who covered the issue in his column, stated that the Constitutional Court ruled that Kemal Kılıçdaroğlu's freedom of expression had been violated. According to the Constitutional Court's decision, Kılıçdaroğlu will be paid 18 thousand liras in non-pecuniary damages, and the file has been sent back to the Ankara 4th Criminal Judgeship of Peace for a retrial.

'IS IT OBLIGED TO COMPLY?'

In his article, where he also recalled the legal process, Terkoğlu raised the question of whether the local court is obliged to comply with the Constitutional Court's decision.

The relevant part of the article is summarized as follows:

"It was not the then-Interior Minister Soylu himself, but the General Directorate of Security under his authority that applied to the court. They requested an access ban on Kılıçdaroğlu’s post.

The video criticized those who facilitate drug trafficking. Why would the police be bothered by this? As we all know, the politician managing the 'organization' had used the state's police as a tool for his own political settling of scores. On November 4, the Ankara 4th Criminal Judgeship of Peace banned the video. The statements in the ruling were very interesting:

'Given that no concrete information, document, or event was specified regarding the mentioned accusations, that the stated declarations exceeded the limits of political criticism and were of a nature to impute crimes against the legal personality of all state institutions fighting against drugs, and that this caused a shaking of trust in state institutions both within and outside the country, it is seen that the statements subject to the request violate personal rights...'

The objections made by Kılıçdaroğlu yielded no results. On December 12, his lawyer Celal Çelik applied to the Constitutional Court. And the decision was made...

According to the ruling, the Constitutional Court did not hear Kılıçdaroğlu’s application directly. It combined it with a series of files. Ultimately, it decided that Kılıçdaroğlu’s freedom of expression had been violated. It ordered 18 thousand liras in non-pecuniary damages. It also sent the file to the Ankara 4th Criminal Judgeship of Peace for a retrial.

Is it obliged to comply? In theory, yes, but looking at the Can Atalay ruling, the judge could say, 'What do I care about the Constitutional Court!'"

News Source: 12punto