Constitutional Court unanimously found the application of H.Ö., who is arrested in Tekirdağ and Silivri, on the freedom of communication “unacceptable”.
H.Ö. has been arrested on July 17 after the coup attempt on July 15, 2016 due to “illegal organization membership.” The order from Istanbul Chief Public Prosecutor’s Office, dated August 12, 2016, banned all suspects arrested within the “FETÖ/PDY” investigations from using written tools of communication during the State of Emergency. H.Ö. indicated that “the verdict of measure issued with an arbitrary scope and limitations and without individualisation is against the law and the verdict prevents the freedom to communicate” and made an objection to Silivri 2nd Office of Judge of Execution. The objection was denied. The reasoned denial of the Judge’s Office, dated May 30, 2017, indicated that the inspection of the ban is not within their authority; therefore the file was carried to the Constitutional Court.
H.Ö. was released with an interim verdict issued by Istanbul 29th Assize Court on November 10, 2017. The Prosecutor’s Office verdict on the ban on suspects from using written communication tools was reversed on February 27, 2018. Meanwhile, the Constitutional Court found the application of H.Ö. unacceptable due to the lack of exhaustion of remedies and the revocation of the related ban verdict.
07.01.2019
bianet.org