11 May 2017 Thursday

İrfan Durmuş, no. 2014/4153, 11 May 2017

Alleged violation of the right to life due to the failure to clarify the circumstances resulting in death

It was not investigated whether the failure to admit the deceased to the burn treatment unit of the relevant health institutions had resulted from a legal or administrative requirement or from the failure of the authorities of these institutions to perform what could have reasonably be expected of them and/or to take the necessary measures. It was not also investigated whether the deceased’s non-admission to the relevant institution had had an effect on the risk to his life. This led to the uncertainty as to whether the life of the deceased had been put at risk by the authorities as a result of disregarding their professional duties and going beyond an assessment error regarding treatment. All aspects of the incident could not be clarified. Consequently, the Constitutional Court found a violation of the obligation to protect life.

10 May 2017 Wednesday

Azizjon Hikmatov, no. 2015/18582, 10 May 2017

Alleged violation of the prohibition of ill-treatment due to the order to deport the applicant to the country where he would face the risk of being killed or ill-treated

The Court found a violation of the prohibition of ill-treatment safeguarded by Article 17 of the Constitution on the ground that the obligation to conduct an investigation into and make an assessment as to the risk likely to be faced by the applicant in case of being deported to Uzbekistan was not fulfilled in the course of the administrative proceedings.

23 March 2017 Thursday

Ümit Ömür Salar, no. 2014/187, 23 March 2017

Alleged violation of the prohibition of ill-treatment due to imposition of systematic degrading treatment by certain military officers and students with a view to forcing to drop out

The Court concluded that Article 17 § 3 of the Constitution was violated under its procedural aspect, since the allegations of a systematic physical and psychological ill-treatment against the students of the Military Academy in the concrete case were not carefully and diligently discussed at the investigation stage even if the applicant had a defensible allegation of torture and ill-treatment together with the other evidence in the investigation.

22 February 2017 Wednesday

Hint Aseel Hayvanları Koruma ve Geliştirme Derneği and Hikmet Neğuç, no. 2014/4711, 22 February 2017

Alleged violation of the freedom of association due to dissolution of an association

Even though it had been founded seemingly with different aims, the association’s activities turned into a platform serving and facilitating the commission of criminal offences; it mainly served for holding fights between animals for betting and other purposes under the so-called objective of “animal protection”. It is both morally and legally wrong to expose animals to pain for the sole purpose of entertainment or pleasure. The applicant Association’s activities were not related to either the freedom of expression as noted in general or any other right protected by the Constitution. The impugned interference had been necessary in a democratic society as well as it had been proportionate.

21 February 2017 Tuesday

Ano İnşaat ve Ticaret Ltd. Şti. [Pleanry], no. 2014/2267, 21 February 2017

Alleged violation of the right to property due to payment of the receivables ordered by the court with a depreciated value

The Constitutional Court found a violation of the right to property as the fair balance which needed to be struck between public interest and the applicant’s right to property was upset to the detriment of the applicant due to the inferior courts’ strict interpretation requiring the applicant to separately prove having incurred losses.

15 February 2017 Wednesday

Orhan Pala, no. 2014/2983, 15 February 2017

Alleged violation of the freedoms of expression and the press due to sentencing a chief editor of a website to imprisonment on account of a piece of news published

The Court found violations of the freedoms of expression and the press on the grounds that the applicant, as a journalist, had acted in an adequately responsible manner; that sentencing the applicant to imprisonment due to a press offence would not be compatible with the freedoms of expression and the press; that even if a person suffering pecuniary or non-pecuniary damage on account of a publication may be entitled to bring a civil claim for damage against the journalist publishing inaccurate information about him; and that his being subject to a probation period subsequent to the suspension of the pronouncement of his verdict caused the fear of being sanctioned.

15 February 2017 Wednesday

Özcan Özsoy, no. 2014/5881, 15 February 2017

The right to education as to the failure to redress the damage sustained by the applicant who had been given disciplinary punishment

The Court found a violation of the applicant’s right to education on the ground that even though the applicant could subsequently return to his school according to the administrative court’s decision, pecuniary and nonpecuniary damages sustained by him could not be redressed and therefore his grievances continued.

02 February 2017 Thursday

Recep Tarhan and Afife Tarhan, no. 2014/1546, 2 February 2017

The right to property in a context of a decrease in rental income due to closure of the street, where the applicants’ immovable is, for vehicles or pedestrians

The Court found a violation of the right to property on the grounds that the trial court sought the condition of finding of a fault on the part of the administration in order to hold an examination as to the existence of a damage and a causal link in the action for compensation brought by the applicants wishing to claim redress for the damage allegedly incurred due to the street’s closure to pedestrians and vehicles and that the applicants’ being forced to bear the burden arising from this measure taken for the benefit of the whole society.

01 February 2017 Wednesday

Ahmet Temiz (6), no. 2014/10213, 1 February 2017

Alleged violation of the freedom of expression due to extraction of certain parts of the newspaper delivered to the applicant, a convict in the penitentiary institution

No violation of the freedom of expression on the grounds that the interference with the applicant’s freedom of expression, for preventing the officers from being a target and maintaining security of the penitentiary institution, was necessary in a democratic society; that the applicant was denied access to merely one piece of news published in the newspaper, and there was no other interference with his access to the remaining part of the relevant issue or next issues of the newspaper; and that the impugned restriction was therefore considered to be a proportionate measure which constituted the minimum interference, necessary for the purposes of public interest, with the freedom of expression.

01 February 2017 Wednesday

T. A. A., no. 2014/19081, 1 February 2017

Protection and improvement of corporeal and spiritual existence, right to respect for private life and the principle of equality due to the layoff of the applicant for his being HIV positive

The Court found violations of the applicant’s right to protect his corporeal and spiritual existence as well as his right to respect for private life as the decisions of the inferior courts included no assessment as to the obligation to look for alternative positions at the workplace and therefore no fair balance was struck between the conflicting interest of the employer and the employee.

The right to respect for private life due to rejection of the request for holding of his trial closed to third parties

The Court found a violation of the applicant’s right to protection of personal data as a part of the right to respect for private life due to the ambiguous and unjustified denial by the inferior courts of the applicant’s reasonable and defensible request for confidentiality.

08 December 2016 Thursday

Yusuf Karakuş and Others, no. 2014/12002, 8 December 2016

Denial of access to legal assistance under police custody and taking of the statements obtained at this stage as a basis for the conviction

The Court found a violation of the right to a fair hearing in conjunction with the right to legal assistance due to the failure to provide opportunity for access to legal assistance under police custody and taking the statements obtained at this stage as a basis for the conviction.

01 December 2016 Thursday

K.V. [Plenary], no. 2014/2293, 1 December 2016

Alleged violation of the right to a fair trial due to a minor fine imposed by the Supreme Military Administrative Court as well as the failure to examine the applicant’s allegations as to the notification process and attorney’s fee

The Court declared the application inadmissible for lack of constitutional and personal significance as it did not point to a general problem and was not proven to carry any significance in terms of implementation and interpretation of the Constitution or determination of the scope and the limits of fundamental rights. As regards the personal significance, having regard to the fact that the applicant, who was working as a self-employed lawyer, failed to make an explanation to indicate that such an amount seriously damaged his financial situation and how significant it was for him, the Court concluded that this did not amount to a significant damage for the applicant.