HAZIRLAYAN: Musab Osman ÖZTEKİN
Çalışmamızdaki terimler, AİHM’in verdiği Alparslan Altan/Türkiye kararından alınmıştır.
Karar, eski Anayasa Mahkemesi üyesi Alparslan Altan’ın terör örgütü üyeliği suçlaması üzerine tutuklanmasının ardından AİHM’e yaptığı başvuruyu konu alır.
AİHM, başvurucunun başlangıç tutukluluğu anında bir suç işlediğine dair makul şüphenin bulunmadığı kanaatine varıp özgürlük ve güvenlik hakkının ihlal edildiğine karar vermiş ve 10 bin avro tazminata hükmetmiştir.
1- Applicant: Başvuran
The applicant was represented by Mr. E.Y. Aras, a lawyer practising in Ankara.
2- Ad Hoc Judge: Geçici görevli yargıç
Harun Mert was accordingly appointed by the President to sit as an ad hoc judge.
3- Convention: Sözleşme
This judgment has become final under Article 44 § 2 of the Convention.
4- Turkish Constitutional Court: Türk Anayasa Mahkemesi
The applicant is a former member of the Turkish Constitutional Court.
5- Detain: Gözaltına alınmak, hapsedilmek.
He is currently detained.
6- Public Prosecutor: Cumhuriyet Savcısı
The applicant began his career as a public prosecutor.
7- Vice-President: Başkanvekili
He was elected Vice-President of the Constitutional Court.
8- Attempted Coup: Darbe girişimi
During the attempted coup, soldiers under the instigators’ control bombarded several strategic State buildings.
9- Chief of General Staff: Genelkurmay başkanı
“Soldiers” held the Chief of General Staff hostage.
10- Investigation: Soruşturma
Several criminal investigations were subsequently initiated by the appropriate prosecuting authorities in respect of suspected members of that organisation.
11- Chair: Başkanlık etmek
The state of emergency was subsequently extended for further periods of three months by the Council of Ministers, chaired by the President.
12- National Security Council: Milli Güvenlik Kurulu
Turkish Constitutional Court was authorized to dismiss any of its members who were considered to belong or be affiliated or linked to terrorist organizations or organizations, structures or groups found by the National Security Council to have engaged in activities harmful to national security.
13- Detention: Tutuklama
He called for the applicant to be placed in pre-trial detention,
14- Objection: İtiraz
The applicant lodged an objection against the order for his pre-trial detention.
15- Court of Cassation: Yargıtay (Temyiz Mahkemesi)
Judges of the Court of Cassation had been taken into police custody.
16- Supreme Administrative Court: Danıştay (Yüksek İdare Mahkemesi)
Six judges of the Supreme Administrative Court, to appear before the 2nd Magistrate’s Court.
17- Fugitives: Firari, Kaçak
Warrants had been issued for the arrest of thirty judges of the highest courts who were deemed to be fugitives.
18- The State of Emergency: Olağanüstü hal
On 18 July 2018 the state of emergency was lifted.
19- Offence: Suç
All the steps taken in connection with that offence have been ultra vires and unlawful.
20- Overthrow the Constitutional Order: Anayasal düzeni ortadan kaldırmak
He was suspected of having sought to overthrow the constitutional order.
21- Legislative Decree: Kanun hükmünde kararname
During the state of emergency, the Council of Ministers, chaired by the President, passed thirty-seven legislative decrees. (nos. 667-703)
22- Statement: İfade
The suspects’ statements, including those made by the applicant, were recorded using the SEGBİS sound and image information system.
23- Allegation: İddia
The applicant, who was assisted by a lawyer, denied all the allegations against him.
24- Accusation: Suçlama
The accusations were based on abstract allegations.
25- Client: Müvekkil
His client could not be the subject of a criminal investigation without permission from the Constitutional Court.
26- Bail: Kefalet
The applicant applied for release on bail.
27- Flagrante Delicto: Suçüstü
This was not a case of discovery in flagrante delicto.
28- Release: Serbest bırakmak
He requested that his client be released on bail.
29- Magistrate’s Court: Sulh hakimliği (mahkemesi)
On 20 July 2016 the applicant, assisted by his lawyer, Mr. M. Orak, appeared before the 2nd Magistrate’s Court.
30- Questioning: Sorgulama
According to the record of the questioning, they were suspected of attempting to overthrow the constitutional order.
TEŞEKKÜR: Desteğinden ötürü Ahmet Fevzi KİBAR Hoca’ma ve değerli yorumlarıyla katkıda bulunan ekip arkadaşım Bilal BAŞER‘e teşekkür ederim.