Mehmet Altan’s release rejected twice

27th High Criminal Court rejects a petition by Mehmet Altan’s lawyers demanding the implementation of the Constitutional Court judgment of January 11

P24

15.01.2018

The Istanbul 27th High Criminal Court on January 15 rejected an appeal by imprisoned journalist Mehmet Altan’s lawyers, ruling for continued detention for Altan.
 
The Constitutional Court on January 11 had rendered its ruling regarding the individual applications of imprisoned journalists Mehmet Altan and Şahin Alpay and the previously released Turhan Günay, the editor of Cumhuriyet Kitap.
 
In its judgment, the top court had found that the journalists’ rights had been violated by reason of their detention. However, the 26th High Criminal Court, where Altan is on trial, refused to release Altan on grounds that it has not been formally notified of the Constitutional Court’s reasoned judgment.
 
Altan’s lawyers Ergin Cinmen and Figen Albuga Çalıkuşu appealed that ruling, and the ruling was referred to the Istanbul 27th High Criminal Court, the next court of instance with the authority to review the decision.
 
The 27th High Criminal Court said that the 26th High Criminal Court’s continuation of detention order was lawful regarding procedure and law.
 
The judgment issued January 15 was rendered with the dissenting opinion of one of the judges on the three-member panel. Judge Halit İçdemir’s dissenting opinion read: “Although erroneous practices by the Constitutional Court may be criticized, this does not nullify the binding nature of its judgments. There is no legal benefit in waiting for the reasoned judgment of the Constitutional Court. Eventually, the Constitutional Court’s rulings are binding for everyone and final.”
 
The full text of the Istanbul 27th High Criminal Court’s decision can be reached here.