Constitutional Court Rejects Application of Jailed CHP MP Berberoğlu

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The application of the jailed İstanbul MP of the Republican People's Party (CHP) Enis Berberoğlu, who has been behind bars in Silivri Prison since June 14, 2017, has been rejected by the Constitutional Court.

In the ruling of the court, it has been stated that the application of Berberoğlu has been rejected "on the ground that his allegations are openly deprived of grounds."

Berberoğlu applied to the Constitutional Court, alleging that "his personal liberty and security as well as his right to stand for election have been violated."

The ruling of the court dated July 18 was published on the Official Gazette today (August 2).

The 16th Penal Chamber of the Supreme Court of Appeals previously rejected the request for abatement of proceedings against Berberoğlu on the ground that he has been again granted immunity after being elected as MP at the parliamentary election on June 24. The court also ruled that his request of release should be evaluated during the substantial examination of his case file.

Following the rejection of the request by the Supreme Court of Appeals, Berberoğlu announced that he would protest the verdict of the court.

Stating that he "would not use his right to defence at court and cut off his communication with the outside world", Berberoğlu has not been attending the open-closed visits of his family, attorneys and MPs since July 23.

What happened?

At the lawsuit filed at İstanbul 14th Heavy Penal Court regarding the "MİT Lorries" news report published on Cumhuriyet newspaper on June 14, 2017, Enis Berberoğlu was sentenced to 25 years in prison on charge of "disclosing confidential information of the state for purposes of political and military espionage." Enis Berberoğlu was arrested on June 14, 2017.

The ruling of the court was reversed by the 2nd Penal Chamber of the İstanbul Regional Court of Justice on October 9, 2017. In the ruling, it was stated, "in case it is agreed that the secret has been disclosed before, elements of the crime of 'disclosing confidential information of the state for political and military espionage purposes' cannot arise."

The İstanbul 14th Heavy Penal Court ruled that the verdict of reversal issued by the Court of Appeals was against the legal procedure and law and returned the file.

On February 13, 2018, the Court of Appeals reevaluated the case file of Enis Berberoğlu and ruled that he shall be sentenced to 5 years and 10 months in prison, this time, not on charge of "espionage", but on charge of "disclosing information of the state that has to remain confidential for the security of the state as well as internal and external benefits." The court also ruled for the continuation of his arrest.

This verdict was then appealed by the Chief Public Prosecutor's Office of the İstanbul Regional Court of Justice, which sent a petition to the Supreme Court of Appeals, requesting that Berberoğlu be convicted on "espionage" charges.

The 16th Penal Chamber of the Supreme Court of Appeals has been conducting the appellate review of the file. (AS/SD)