Tayfun Kahraman statement from Constitutional Court President Özkaya: The justification is in the process of being published

President of the Constitutional Court (AYM), Kadir Özkaya, reminded that it was decided that both the "right to a fair trial" and the "right of individual application" were violated in the second individual application of Gezi Park case convict Tayfun Kahraman, and stated that the justification of the decision was in the process of being published.

President of the Turkish Press Federation Sinan Burhan and members of the Board of Directors met with the President of the Constitutional Court (AYM) Kadir Özkaya.

Stating that today, the constitutional judiciary is not only a mechanism that checks the compliance of legal norms with the Constitution, Özkaya said that the constitutional judiciary also plays an important role in the effective protection of fundamental rights and freedoms and strengthening the democratic state of law.

Özkaya stated that international approaches, the principles and standards used in the decisions of the European Court of Human Rights, the decisions of the constitutional courts of other countries and the jurisprudence of the higher judicial bodies in Türkiye are carefully examined in the examinations of the Constitutional Court, adding that the opinions of the rapporteurs and the institutional knowledge of the Court are also included in the evaluation process. Özkaya underlined that allegations of violations in individual applications are evaluated with a "justice-oriented approach".

"The Constitutional Court carries out CONSTITUTIONAL INSPECTION, NOT LEGAL COMPLIANCE

Making evaluations regarding the nature of the individual application and the powers of the higher judicial bodies, Özkaya stated that there is no hierarchical relationship between the Constitutional Court, the Supreme Court of Appeals, the Council of State and other judicial institutions. Özkaya stated that the duties, powers and responsibilities of each judicial institution are regulated in the Constitution and laws, and that judicial institutions fulfill and use their duties and powers within this framework. Emphasizing that the Constitutional Court "does not act as a court of law" in individual applications, Özkaya stated that the Constitutional Court carries out constitutional review, not compliance with the law.

THE JUSTIFICATION OF THE KAHRAMAN DECISION IS IN THE PROCESS OF PUBLISHING

Regarding the second application of Gezi Park case convict Tayfun Kahraman, Özkaya reminded that the Constitutional Court decided that both the "right to a fair trial" and the right to "individual application" were violated. Stating that the justification of the decision is in the process of being published, Özkaya emphasized that the duty of the Constitutional Court is not to determine whether the person is guilty or not, but to check whether procedural guarantees are provided in the trial. Özkaya pointed out that the first decision of the Constitutional Court regarding Kahraman was also within this scope.