An individual application to the Constitutional Court

ISTANBUL (CIHAN)- Some of the individual applications made to the Constitutional Court in the past few months have resulted in favorable decisions for the suspects and respondents involved in the cases.
Decisions in the case of the former chief of the General Staff, Ergenekon defendant retired Gen. Ilker BaIbuI, as well as defendant Mustafa Balbay from the same case, not to mention Peace and Democracy Party (BDP) deputy Ibrahim AydIn, and most recently the Twitter decision, have all been rendered by the Constitutional Court and have all been cases of individual application to this high court.

When the Democratic Society Party (DTP) was forced to shut down in 2009, a five-year political ban was placed on 34 people I was one of them. Since the date that decision was rendered all the way up until now, I have never formally objected to it in Turkey. Because according to the law, any objection to a decision coming from the Constitutional Court may only be made via application to the European Court of Human Rights (ECtHR). And so I applied to the ECtHR in March 2010, and the case is still in process.

Exercising my right to file a personal application, I submitted a petition on April 9 to the Constitutional Court, asking that the political ban on me be lifted.

First and foremost, this petition is, in and of itself, a first because it concerns the annulment of a decision handed down not by any regular court, but rather by the Constitutional Court. So in my case, it is not a matter of the various domestic legal remedies being exhausted it was, as I said, the Constitutional Court that handed down this decision in my case. I am very curious about what sort of response I will get to my petition.

I would like to draw attention to some of the more notable factors and sections in my petition as such:

“According to the Constitutional Court decision announced on 31.12.2009, numbered 27499: the reason for the decision rendered that I cannot for five years be a founder, member, director, or supervisor of any political party is based on a speech I made on the date of 25.03.2007 at a DTP meeting in Ankara as DTP deputy chairman. There were no rulings or convictions against me in relation to this speech made.

“Disseminating propaganda against the indivisibility of the state is considered a crime in the first article of Law No. 6352, which became effective on July 2, 2012.

“Article 8 of Law No. 6459, published on April 30, 2013, changes Article 7 of Counterterrorism Law No. 3713, making it no longer a crime to make speeches which do not include violence and threats.

“According to these legal changes, it is no longer even debatable that the actions I was accused of are even crimes.

“The decision from the Constitutional Court shutting down the party as well as barring me from involvement in politics with any political party is, I believe, anathema to Article 9 of the European Convention on Human Rights (ECHR) on freedom of thought, Article 10 on freedom of expression of the ECHR, Article 11 on the freedom to form organizations and hold meetings of the ECHR, and Article 14 related to anti-discrimination.

“To wit, one of my applications made in this vein to the ECtHR on March 1, 2010 is still being examined under the application number 1332510, the Orhan MiroIluTurkey case.

“The Constitutional Court has made favorable decisions on personal applications in recent days, including 20143986 (the Twitter decision), 2014912 (the Mehmet Ilker BaIbuI decision) and 20139895 (the Ibrahim Ayhan decision). I am now making this application to the court with the strong conviction that my personal oppression will be eliminated by the same court that is making decisions in favor of that which is just in this case, and that the decision in my case will be guided by the same understanding and mentality as in the aforementioned cases.

“Based on Articles 67 and 68 of the Turkish Constitution and Articles 9, 10, 11 and 14 of the ECHR, I am petitioning on the basis that my basic right to engage in politics, as well as my right to freedom of expression, has been violated. Seeing as there is no basis for a retrial, I am also requesting pecuniary compensation in the sum of TL 50,000 for personal damages.”

ORHAN MIROILU (CihanToday’s Zaman) C