Discharged from public service, police officer rejected by top court as well

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The Constitutional Court has rejected the application of police officer Hasan Semerci against his discharge from public service.

The top court has indicated that a ruling of stay of execution as to his discharge might pave the way for his return to his duty.

The Constitutional Court has noted, "...the applicant does not argue that a tangible right has been violated by the failure to give a ruling of stay of execution and he can return to his duty with his all professional personal rights in the event that a decision of annulment is given after the matter of dispute is concluded in terms of merits."

Accordingly, the court has said, "...it is understood that there is apparently no violation of his right of access to court." It has concluded that the application is inadmissible as the application is without merit.

'He had his cable TV subscription cancelled'

While Hasan Semerci was working as a police officer, he was discharged from public service by the Statutory Decree no. 701 on July 8, 2018 in the aftermath of the failed coup attempt on July 15, 2016.

In response to his discharge, Semerci applied to the Commission on Examination of the State of Emergency Procedures.

The commission rejected his application on October 5, 2019. In its decision of rejection, the commission has referred to an opinion expressed by one of his superiors who said that "he was in contact and adherence to the Fethullahist Terrorist Organization (FETÖ) and/or Parallel State Structure," which is held responsible for the coup attempt.

Moreover, it was indicated that Hasan Semerci had his Digitürk cable TV subscription cancelled on the grounds that the channels of the Samanyolu Broadcasting Group, having close ties with the organization, had been removed from the Digitürk cable TV platform.

The commission also referred to the "organizational archive of the FETÖ/PDY", stressing that "he was in the private structure of the organization within the law enforcement agency." Accordingly, based on these findings, the Commission on Examination of the State of Emergency Procedures concluded that Semerci was in contact with the FETÖ/PDY.

'I am declared a member without verdict'

After his application to the commission was rejected, Semerci filed a lawsuit against the Ministry of Interior and demanded the reversal of the decision given by the commission and a stay of execution.

In his petition to court, he stated that he had been discharged from public service without undergoing any disciplinary proceedings or being given the right of defense, which is against the law. He also noted that this situation violated the presumption of innocence.

Moreover, he argued that "he had been declared the member of a terrorist organization without a court verdict."

Handing down its ruling on January 24, 2020, the Ankara 25th Administrative Court ruled that the request for the stay of execution should be rejected without being examined. As the 13th Administrative Suit Chamber of the Ankara 13th Administrative Court also rejected his objection to this ruling of the local court, Semerci brought the issue to the Constitutional Court.

The top court announced its detailed judgement today (February 16) and concluded that "the failure to give a ruling of stay of execution will not make the entire trial unfair." (AS/SD)