‘Violation of Right to Independent, Impartial Court’ Ruling by Constitutional Court

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Pronouncing its verdict in the case of Abdullah Altun, who was previously sentenced to life imprisonment by the State Security Court, the Constitutional Court has ruled that Altun's right to an independent and impartial court, which is guaranteed by the Article no. 36 of the Constitution, has been violated.

In the detailed ruling which was published on the Official Gazette today (September 21), it was also stated that the case file of Altun shall be sent to the Diyarbakır 6th Heavy Penal Court for retrial.

He has been in prison for 19 years as an ill prisoner

The name of Abdullah Altun is mentioned in the list of ill prisoners dated 2014 and prepared by the Human Rights Association (İHD). According to the list, Altun has rheumatoid spondylitis and fibromyalgia syndrome.

Altun, who was in the Amasya Type E Closed Prison at the time, was previously referred from Siirt to first Diyarbakır, then to Amasya for treatment. It has also been indicated in the list that the doctor at the Amasya Public Hospital informed Altun that they cannot treat him in that hospital.

ECtHR: State Security Courts are not independent

Abdullah Altun, who was sentenced to life imprisonment as per the ruling of the Diyarbakır No. 3 State Security Court dated June 3, 1999 on charge of "engaging in activities to separate a part of country's land from the state administration", applied to the European Court of Human Rights (ECtHR) after the Supreme Court of Appeals upheld the ruling.

In his application to the ECtHR, Altun stated that he was not tried by an independent and impartial court on the ground that a military judge was also among the members of the court board of the State Security Court.

In response to Altun's application, the ECtHR ruled that his right to an independent and impartial court had been violated, adding that the retrial of Altun could be appropriate in order to eliminate the violation in question.

Court did not consider the ruling of the ECtHR

The application of retrial submitted by Altun was rejected by the Diyarbakır 6th Heavy Penal Court on July 10, 2013. 

After his objection to this ruling was also rejected, he appealed to the Constitutional Court by referring to the related ruling of the ECtHR.

"Court did not examine the Constitution carefully"

The detailed ruling of the Constitutional Court regarding Altun's application was published on the Official Gazette today.

In the ruling, the Constitutional Court has referred to the court which rejected the request of retrial submitted by Altun by stating that "the Article no. 36 of the Constitution was not examined as carefully as necessary."

The Constitutional Court has ruled that Altun's right to an independent and impartial court has been violated and that the case file of Altun shall be sent to the Diyarbakır 6th Heavy Penal Court for retrial. (AS/SD)