The decision stated that there was convincing evidence for suspicion that the applicant might have committed a crime also stated that the reasons for the arrest were available and that the arrest was restrained.
Closed Time writer Mümzater Türköne was detained on 27 July 2016 after the coup attempt on 15 July and arrested on 4 August 2016 on charges of yardım not being a member of a terrorist organization etme. The Istanbul Chief Public Prosecutor’s Office filed a lawsuit against Türköne in 2017 on charges of attempting a coup and being a member of a terrorist organization. The Istanbul 13th High Criminal Court sentenced Türköne to 10 years and 6 months of imprisonment on 6 July 2018 for being a member of FETÖ. Türköne was acquitted of the coup charge. Türköne made an individual application to the Constitutional Court without a decision of the Supreme Court of Appeals regarding the punishment approved by the appeal.
NO VIOLATION OF RIGHTS
The Supreme Court held that there was no violation of Türköne’s right to liberty and security of persons and the right to freedom of expression and the press. The Court further found the allegation that the detention exceeds the reasonable time, the imposition of measures on the assets, and the violation of the freedom of communication was unacceptable on the grounds that the remedies were not exhausted. The allegations that access to the investigation file were restricted, detention investigations were carried out without being brought before the judge, claims regarding the structure of the magistrates’ penalties, that there was no effective right to appeal against detention, and that the presumption of innocence were violated were clearly deprived of any basis.
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