Press Release No: Individual Application 4/17
22.03.2017

PRESS RELEASE CONCERNING THAT THE ARREST WARRANT HAVING NOT BEEN EXECUTED DOES NOT CONSTITUTE AN INTERFERENCE WITH THE LIBERTY OF PERSON

The Constitutional Court held, at its plenary meeting on 1/3/2017, with regard to the individual application lodged by Galip Öğüt (App. No. 2014/5863) that the arrest warrant which has not been executed yet did not constitute an interference with the liberty and security of person, and accordingly declared the individual application inadmissible.

The Facts

The Facts The applicant’s death sentence was converted into aggravated life imprisonment by the decision of 20 July 2005 delivered by the 4th Chamber of the Ankara Assize Court. The mentioned decision was finalized by the judgment of 3 December 2010 rendered by the 11th Criminal Chamber of the Court of Cassation.

An arrest warrant was issued in respect of the applicant on 13 June 2012 by the Ankara Chief Public Prosecutor’s Office for the execution of his imprisonment sentence. There is no record indicating that the applicant’s arrest has been effected. In the application form, a residential area in Germany is indicated as the applicant’s address.

The applicant lodged an application with the 7th Chamber of the Ankara Assize Court on 7 January 2014 through his lawyer and requested that the search, arrest warrants issued in respect of him and international travel ban imposed on him be removed, stating that there was no longer duration of conviction which would require to be executed given the detention period.

The court decided to reject the request by its decision of 31 January 2014.

The objection raised by the applicant on 4 March 2014 was rejected with a final decision by the 8th Chamber of the Ankara Assize Court.

The Applicant’s Allegations

The applicant alleged that his rights guaranteed in Articles 36, 38 and 141 of the Constitution were violated, stating that the requests he made during the trial were rejected by the court without any justification on the basis of the written opinion of the Prosecutor’s Office, and that the written opinion of the Prosecutor’s Office was not served on him, either.

The Court’s Assessment

In brief, the Constitutional Court has made the following within the scope of this allegation:

Even if the arrest warrants have some impacts on fundamental rights and freedoms during the period when they are not executed, it is not possible to define the aforesaid impacts as an interference with the liberty and security of person since the physical liberties of persons are not yet restricted concretely within this period.

It has been observed that the applicant was abroad on the date when the individual application was lodged and the arrest warrant issued in respect of him has not been executed yet, and also that there is no information or document indicating that the applicant’s imprisonment sentence had been executed as of the date when the individual application was examined. Accordingly, it is out of question that the applicant has been deprived of his physical liberty. Thus, there has been no interference with the applicant’s right to liberty and security of person.

Consequently, the Constitutional Court has declared the application inadmissible for being manifestly ill-founded, since it is obvious that there has been no violation with regard to the applicant’s allegation.

This press release prepared by the General Secretariat intends to inform the public and has no binding effect.

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