Lawyers file rights violation complaint for detained Turkish mayor

Lawyers representing Mehmet Murat Çalık, the detained mayor of Beylikdüzü, have lodged an individual application with the Turkish Constitutional Court. They assert that their client's fundamental right to liberty and security, as guaranteed by Article 19 of the Constitution, has been violated.

“

Our client Mehmet Murat Çalık has filed an individual application to the Constitutional Court on the grounds that his right to liberty and security, guaranteed under Article 19 of the Constitution, has been violated.

The application details a series of grievances stemming from Çalık's detention, which has now surpassed 500 days. The legal team argues that the decisions for arrest and continued detention lack sufficient legal and adequate reasoning. They also point to ongoing uncertainties regarding the charges against him and the absence of effective judicial oversight for detention reviews. Furthermore, they contend that decisions to continue detention are often based on generic, standardized reasoning, failing to provide a concrete, individualized assessment specific to Çalık's personal circumstances and case.

A key point of contention is that Çalık is being held in detention for a single charge, which, according to the lawyers, does not fall under the "catalog crimes" listed in Article 100 of Law No. 5271 on Criminal Procedure. They argue that continuing his detention under these circumstances violates the principle of proportionality, making the measure excessive.

“

The prolonged detention of 500 days, decisions for arrest and continued detention lacking legal and adequate grounds, ongoing uncertainties regarding the accusations, detention reviews not subjected to effective judicial oversight, decisions to continue detention for all detained defendants based on the same general reasons, lack of concrete and individualized assessment of the client's personal situation and case file, and the continuation of detention despite the alleged crime not being among the catalog crimes listed in Article 100 of Law No. 5271 on Criminal Procedure, thus violating the principle of proportionality.

This new application is distinct from a previous one filed by Çalık's legal representatives concerning his health and right to life, which is still under review by the Constitutional Court. The current filing specifically focuses on the alleged violation of his right to liberty and security. The lawyers are requesting an urgent review of the case within the framework of the Constitution and the European Convention on Human Rights, seeking a decision that rectifies the violation and ensures Çalık's release.

“

We respectfully present to the public's attention that we expect the application to be examined urgently and a decision to be made to rectify the violation of the right to liberty and security, considering the impact of the 500-day detention on fundamental rights and freedoms within the framework of the Constitution and the European Convention on Human Rights.