The Constitutional Court (AYM) has ruled that the judicial fine imposed on Emine Şenyaşar for insulting former AKP MP İbrahim Halil Yıldız is a violation. Şenyaşar, who lost her husband and two sons in Pirsûs (Suruç) district of Riha (Urfa) on June 14, 2018 due to the attack of AKP member Yıldız's bodyguards and relatives, was charged for the remarks she made on October 2, 2020 at the 7th hearing of the trial of her son Fadıl Şenyaşar. 

 

The final hearing of the lawsuit filed on the grounds of “insulting a public officer” for her words, “This Halil (AKP's Yıldız) is an interestist, a thief, let them go after these thieves, let them go after Halil and see how many people he has killed” was held on September 6, 2022 at Ankara West Penal Court of First Instance No 6. The court sentenced Şenyaşar to 265 days of judicial fine and deferred the announcement of the verdict. 

 

Şenyaşar's lawyers objected to the verdict on September 17, 2022. Upon the rejection of the objection, an individual application was made to the Constitutional Court on October 26 of the same year on the grounds of “violation of the right to a fair trial”. The application requested a “retrial”. 

 

RETRIAL DECISION

 

The Constitutional Court ruled on the application on July 21. The Constitutional Court ruled that the applicant's “right to a fair trial” was violated. “There is a legal interest in a retrial in order to eliminate the consequences of the violation. In this context, the work to be done by the judicial authorities to which the decision was sent is to initiate retrial proceedings and to issue a new decision that eliminates the reasons that led the Constitutional Court to the conclusion of violation and complies with the principles stated in the violation decision.”