ANKARA – The Constitutional Court ruled that monitoring a lawyer-client meeting in a file was "violation of the rights to respect for private life and fair trial".

 

In its application to monitor the meeting of prisoner Celaleddin Kolutek with his lawyer, the Constitutional Court (AYM) ruled that Kolutek's "right to respect for his private life and to a fair trial were violated". The meeting of Kolutek, who was arrested on July 17, 2016, in the investigation against the Fethullah Gülen organization, with his lawyers was monitored by the prison staff, and a disciplinary investigation was brought to the Constitutional Court due to the statements made in the meeting. In the application made by Fadime Kolutek and other family members, the Constitutional Court ruled that the right to respect for private life guaranteed by Article 20 of the Constitution and the right to a fair trial guaranteed by Article 36 of the Constitution were violated.

 

'MEASURES WERE NOT IMPLEMENTED REQUIRED EXTENT'

 

Evaluating the application regarding the violation of the right to respect for private life and a fair trial, the Constitutional Court pointed out in its decision that the issue occurred during the State of Emergency (OHAL) and that the measures taken during this period were aimed at ensuring the security of the society and the penal institution.

However, it was stated in the decision that the decision regarding the monitoring of the conversations with the lawyer was taken not by the public prosecutor, but by the Presidency of the Penal Institution Administration and Observation Board, was of a general nature and did not carry an individualized justification, and emphasized that the measure subject to intervention was not implemented to the extent required by the situation.