Constitutional Court rejects former YARSAV Chair Arslan’s application

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Evaluating the application of Murat Arslan, the former Chair of the Association of Judges and Prosecutors (YARSAV) closed by a Statutory Decree, the Constitutional Court has found his application "inadmissible."

In his individual application to the Constitutional Court, where he was a rapporteur for some time, Arslan previously claimed that his arrest was not lawful as his "right to personal liberty and security was violated."

Announcing its detailed ruling about this application, the Constitutional Court has found the allegations groundless.

In the trial that ended following this application of Murat Arslan and where he was charged with "membership of the Fethullahist Terrorist Organization (FETÖ)," which was held accountable for the failed coup attempt on July 15, 2016, the Ankara 25th Heavy Penal Court ruled that Arslan should be sentenced to 10 years in prison on the offense charged.

'Ruling of arrest is proportional'

In his application to the Constitutional Court, Arslan made the following objections: "...the court ruled for his arrest without concrete evidence and with a baseless ruling, the reasons for arrest were not explained based on concrete reasons in the ruling of arrest, he did not have flight risk..."

Arslan also indicated that without relying on the assurances arising from his profession, he was arrested for the sole reason that he was a member of the YARSAV, which violated his freedom of association.

In its detailed ruling, the Constitutional Court has concluded that "there is no lack of factual grounds that led to his arrest due to flight risk":

"It cannot be defined as unproportional that a ruling of arrest was given for the defendant as a judicial measure considering the penalty foreseen by the Ankara 7th Penal Judgeship of Peace for the offense charged as well as the quality and significance of the action in question."

What happened?

After the coup attempt on July 15, 2016, Murat Arslan was dismissed from the profession by a Statutory Decree. He was detained by the Ankara Security Directorate teams on October 19, 2016.

In his deposition at the Chief Public Prosecutor's Office on October 26, 2016, he denied the allegations. Arslan was referred to the Ankara 7th Penal Judgeship of Peace on the same day and arrested on charge of "being a member of a terrorist organization."

The indictment filed against Arslan also had statements of witnesses and anonymous witnesses. While this trial was ongoing at the Ankara 25th Heavy Penal Court, another investigation was launched against him upon a criminal complaint. These two files were then combined.

All objections against his arrest were rejected. He made an individual application to the Constitutional Court on June 4, 2018.

In the final hearing on December 18, 2019, the court has ruled that Arslan shall be sentenced to 10 years in prison. While the court of appeals has rejected his objection, his file is now awaiting the examination of the Court of Cassation. (AS/SD)