Annual Report 2015 ANNUAL REPORT OF THE CONSTITUTIONAL COURT OF TURKEY 2015 The Publications of the Constitutional Court ISBN: 978-975-7427-82-7 Annual Report 2015 ©2016 Constitutional Court No part of this book may be printed, published, reproduced or distributed by any electronic, mechanical or other means without the written permission of the Constitutional Court of the Republic of Turkey. The contents of this Annual Report cannot be published in any other medium without giving reference. Photographs: Constitutional Court of Turkey Cover Photo: Building of the Constitutional Court of Turkey Printing: Sistem Ofset Design: Şenay Ofset Place and Date of Publishing: Ankara, 2016 Communication and Request Address Presidency of the Constitutional Court of Turkey Directorate of Publishing and Public Relations Ahlatlıbel Mahallesi İncek Şehit Savcı Mehmet Selim Kiraz Boulevard No: 4 06805 Çankaya/Ankara Phone: +90 312 463 73 00 Fax: +90 312 463 74 00 www.constitutionalcourt.gov.tr 2 CONTENTS CONTENTS PREFACE 10 CHAPTER ONE FORMATION OF THE COURT 12 FORMATION OF THE COURT 13 I- FORMATION OF THE PLENARY 15 II- FORMATION OF THE SECTIONS 16 III- FORMATION OF THE COMMISSIONS 17 CHAPTER TWO 18 DUTIES AND POWERS OF THE COURT DUTIES AND POWERS OF THE COURT 18 I-OVERVIEW 19 II- DUTIES AND POWERS OF THE PLENARY 20 III- DUTIES AND POWERS OF THE SECTIONS 22 IV- DUTIES AND POWERS OF THE COMMISSIONS 25 CHAPTER THREE 26 THE COURT IN 2015 THE COURT IN 2015 27 I- CHANGES IN THE FORMATION OF THE COURT 27 II- CHANGES IN THE PARADIGM OF THE COURT 27 3 ANNUAL REPORT OF THE CONSTITUTIONAL COURT OF TURKEY 2015 III- CHANGES IN THE FIELD OF NORM REVIEW 28 IV- CHANGES IN THE FIELD OF INDIVIDUAL APPLICATION 29 V- CHANGES IN THE FIELD OF PRESS, PUBLICATIONS AND 31 PUBLIC RELATIONS VI- INTERNATIONAL ACTIVITIES OF THE COURT 33 1- OVERVIEW 33 2-COOPERATION WITH INTERNATIONAL 33 ORGANIZATIONS WORLD CONFERENCE ON CONSTITUTIONAL 34 JUSTICE THE CONFERENCE OF EUROPEAN 34 CONSTITUTIONAL COURTS ASSOCIATION OF ASIAN CONSTITUTIONAL 34 COURTS AND EQUIVALENT INSTITUTIONS 3- COOPERATION WITH NATIONAL CONSTITUTIONAL 34 COURTS 4- INTERNATIONAL RELATIONS IN 2015 35 CHAPTER FOUR OPENING SPEECH ON THE OCCASION OF THE 53rd ANNIVERSARY 44 OF THE COURT SPEECH BY MR. PRESIDENT ON THE OCCASION OF THE 53rd 45 ANNIVERSARY OF THE COURT CHAPTER FIVE 60 LEADING JUDGMENTS OF THE CONSTITUTIONAL COURT IN 2015 LEADING JUDGMENTS OF THE CONSTITUTIONAL COURT IN 2015 61 I-LEADING JUDGMENTS IN CONSTITUTIONAL REVIEW 61 1- Judgment on the Establishment and Procedure of Objection to the Decisions of the Magistrate Judge’s 62 Offices 2- Judgment on the Offence of Perjury 66 3- Judgment on the Requirement of Identity 68 Authentication by Means of Biometric Methods 4- Judgment on the Trial Procedure in Respect of the 70 Cases Dealing with the Central and Common Exams 4 CONTENTS 5- Judgment on the Construction and Renovation of Facilities and Procurement of Services through Public- 74 Private Sector Collaboration 6- Judgment on the Offence of Obscenity 80 7- Judgment on the Expropriation of Intellectual and Artistic Works by Issuing a Decree of the Council of 82 Ministers 8- Judgment on the Procedure for Collection of the Amounts Awarded against the Social Security 85 Institution 9-Judgment on the Offences for Causing to Perform or 87 Performing Religious Ceremony for Marriage 10- Judgment on the Exclusion of Private Training Centres from the Scope of “Private Teaching 90 Institutions” 11- Judgment on the Influence of Criminal Convictions 96 on the Political Rights 12- Judgment on the Capital Market Law 100 13- Judgment on the Practice of Electronic Card and 102 Ticket in Sports 14- Judgment on the Courts’ Unanimous Decisions concerning the Security Measures and on the Actions 106 for Compensation to be Brought in case of Non- enforcement of the Courts’ Decisions 15- Judgment on the Internet Service Providers’ Obligations to Deliver Information and Take Measures 110 Requested by the Telecommunications Communication Presidency (“TIB”) 16- Judgment on the Provision which Stipulates the Existence of Reasonable Suspicion for Issuing a Search 115 Warrant 17- Judgment on the Law of the National Intelligence 117 Organization (“MIT”) II-LEADING JUDGMENTS IN THE INDIVIDUAL 124 APPLICATION PROCESS A) JUDGMENTS RENDERED IN RESPECT OF THE RIGHT TO LIFE 126 1- Judgment of Adem ÜLGEN and Others 126 5 ANNUAL REPORT OF THE CONSTITUTIONAL COURT OF TURKEY 2015 2- Judgment of Mehmet KAYA and Others 128 3- Judgment of Filiz AKA 131 4- Judgment of İlker BAŞER and Others 133 5- Judgment of Fahriye ERKEK and Others 135 6- Judgment of Mehmet DEMİR and Others 137 7- Judgment of Meral EŞKİLİ 139 8- Judgment of Mehmet KARABULUT 143 9- Judgment of Yavuz DURMUŞ and Others 144 B) JUDGMENTS RENDERED IN RESPECT OF THE RIGHT TO PROTECT AND DEVELOP THE MATERIAL AND SPIRITUAL 146 ENTITY AND THE INVIOLABILITY OF PHYSICAL INTEGRITY 1-Judgment of Ahmet ACARTÜRK 146 2- Judgment of Halime Sare AYSAL 148 C) JUDGMENTS RENDERED IN RESPECT OF THE PROHIBITION 150 OF TORTURE AND ILL-TREATMENT 1- Judgment of Şenol GÜRKAN 150 2- Judgment of Hüseyin CARUŞ 151 3- Judgment of Arif Haldun SOYGÜR 154 4- Judgment of Hamdiye ASLAN 156 D) JUDGMENTS RENDERED IN RESPECT OF THE PROHIBITION 159 OF TREATMENT INCOMPATIBLE WITH HUMAN DIGNITY 1- Judgment of K.A. 159 2- Judgment of Mete DURSUN 162 E) JUDGMENTS RENDERED IN RESPECT OF THE RIGHT TO 165 LIBERTY AND SECURITY OF PERSON 1- Judgment of Hikmet KOPAR and Others 165 2- Judgment of Yavuz PEHLİVAN and Others 170 3-Judgment of DOĞU PERİNÇEK Hikmet ÇİÇEK, Hasan 173 Atilla UĞUR 4- Judgment of Hidayet KARACA 174 5- Judgment of İzettin ALPERGİN 177 6 CONTENTS F) JUDGMENTS RENDERED IN RESPECT OF THE 181 CONFIDENTIALITY OF THE PRIVATE LIFE 1- Judgment of Serap TORTUK 181 2- Judgment of Ata TÜRKERİ 183 G) JUDGMENTS RENDERED IN RESPECT OF THE RIGHT TO 186 RESPECT FOR FAMILY LIFE 1- Judgment of Hayriye ÖZDEMİR 186 2- Judgment of Marcus Frank CERNY 188 H) JUDGMENTS RENDERED IN RESPECT OF THE RIGHT TO 192 REQUEST THE PROTECTION OF HONOUR AND DIGNITY 1- Judgment of Nurettin POLAT 192 2- Judgment of Fetullah GÜLEN 193 I) JUDGMENTS RENDERED IN RESPECT OF THE PROHIBITION OF DISCRIMINATION AND THE FREEDOM OF RELIGION AND 197 CONSCIENCE 1- Judgment of Gülbu ÖZGÜLER 197 2- Judgment of Esra Nur ÖZBEY 198 J) JUDGMENTS RENDERED IN RESPECT OF THE FREEDOM OF 201 COMMUNICATION 1- Judgment of Mehmet Koray ERYAŞA 201 2- Judgment of Eren YILDIZ 204 3- Judgment of Mehmet Seyfi OKTAY 206 K) JUDGMENTS RENDERED IN RESPECT OF THE FREEDOM OF 209 EXPRESSION 1- Judgment of Tuğrul ÇULFA 209 2- Judgment of Kamuran Reşit BEKİR 211 3- Judgment of Mehmet Ali AYDIN 214 4- Judgment of Ali Rıza ÜÇER 216 5- Judgment of Tansel ÇÖLAŞAN 220 6- Judgment ofRadyo V.Y. A.Ş. 223 7- Judgment of Ergun POYRAZ 225 7 ANNUAL REPORT OF THE CONSTITUTIONAL COURT OF TURKEY 2015 L) JUDGMENTS RENDERED IN RESPECT OF THE FREEDOM OF 227 THE PRESS 1- Judgment of Bekir COŞKUN 227 2- Judgment of Medya Gündem Dijital Gündem Yay. Tic. A.Ş. 229 M) JUDGMENTS RENDERED IN RESPECT OF THE RIGHT TO 231 HOLD MEETINGS AND DEMONSTRATIONS 1- Judgment of Ali Rıza ÖZER and Others 231 2- Judgment of Osman ERBİL 231 N) JUDGMENTS RENDERED IN RESPECT OF THE RIGHTS TO ELECT, TO BE ELECTED, TO PERFORM POLITICAL ACTIVITIES 237 AND THE RIGHT TO POLITICAL ORGANIZATION 1- Judgment of Metin BAYYAR and the People’s 237 Liberation Party(Halkın Kurtuluşu Partisi) 2- Judgment of Atilla SERTEL and Oğuz OYAN 239 3- Judgment of the Grand Unity Party (Büyük Birlik 41 Partisi) and the Felicity Party(Saadet Partisi) O) JUDGMENTS RENDERED IN RESPECT OF THE RIGHT TO 243 UNION AND THE RIGHT TO PROPERTY 1- Judgment of Kristal - İş Labor Union 243 2- Judgment of Servet SARAÇOĞLU and Others 245 P) JUDGMENTS RENDERED IN RESPECT OF THE RIGHT TO A 248 FAIR TRIAL 1- Judgment of Yankı BAĞCIOĞLU and Others 248 2- Judgment of Ahmet SAYGILI and Şefika SAYGILI 250 3- Judgment of Abdulselam TUTAL and Others 252 4- Judgment of Baran KARADAĞ 255 5- Judgment of Nurten ESEN 258 6- Judgment of Deniz SEKİ 260 7- Judgment of Aligül ALKAYA and Others 262 CHAPTER SIX 266 STATISTICS I- STATISTICS ON CONSTITUTIONAL REVIEW 267 1- Number of Constitutional Review (Abstract & Concrete) 267 Applications per Year 8 CONTENTS 2- Number of Constitutional Review (Abstract & Concrete) 268 Applications from Previous Years 3- Number of Constitutional Review (Abstract & Concrete) 268 Applications Transferred to Next Year 4- Distribution of Constitutional Review (Abstract & 269 Concrete) Applications Incoming per Year 5- Distribution of Constitutional Review (Abstract & 269 Concrete) Applications Decided per Year 6- Decisions in Abstract Review Cases Decided in 2015 270 7- Decisions in Concrete Review Applications Decided in 2015 270 II- STATISTICS ON FINANCIAL AUDIT OF POLITICAL PARTIES 271 1- Number of Audits Conducted on Cases Deferred from 271 Previous Years 2- Number of Political Party Audits Filed per Year 272 3- Number of Political Party Audits Conducted per Year 272 III- STATISTICS ON INDIVIDUAL APPLICATION REVIEW IN 2015 273 1- Number of Applications per Year 273 2- Number of Applications Decided per Year 274 3- Decisions Rendered in 2015 275 4- Number of Applications Decided by Each Unit of the 275 Court in 2015 5- Annual Ratio of Applications Decided Against 276 Applications Filed 6- Number of Applications Examined on Merits per Year 276 7- Annual Number of Applications Decided on Violation of 277 At Least One Right 8- Annual Number of Applications Decided on Non- 277 Violation of a Right 9- Diversity and Increase of Decisions on Violation In Year 2015 278 10- Annual Number of Cases Filed with the ECtHR against 279 Turkey and referred to a Judicial Formation 9 ANNUAL REPORT OF THE CONSTITUTIONAL COURT OF TURKEY 2015 PREFACE One of the aims of a democratic state governed by the rule of law is to ensure that institutions and organizations providing public service observe the principles of accountability and transparency.