The Constitutional Court (AYM) decided that the crime of “committing a crime on behalf of an illegal organisation without membership” regulated with Article 220/6 of the Turkish Criminal Code, which is frequently used against oppositional views in Turkey, does not carry the principle of legality. The court indicated that the law creates a strong deterrent effect against basic rights like the right to freedom of expression, the right to organise meetings and demonstrations, the right to organisation or the freedom of faith and conscience due to the vague interpretation of the notion of “committing a crime on behalf of an illegal organisation.” Issuing a decree of violation, the Constitutional Court further issued that the decree is a “pilot decree.” Thus, a decree of rights violation will be issued in all applications made related to this crime. Those prosecuted and penalised due to this crime will also be able to object against the decrees issued, based on the Constitutional Court decree. Prosecutor’s Offices and courts will have to take action according to this decree. In order to revoke the rights violation decree, the Grand National Assembly of Turkey has to re-issue the related criminal law.
03.08.2021
dw.com.tr