The Constitutional Court of Turkey has ruled in favor of İslam Çapraz, who was detained and placed under house arrest for supporting Boğaziçi University student protests in February 2021. The court determined that Çapraz’s rights were violated and awarded him 192,500 TL in non-pecuniary damages for the 53-day house arrest.
The protests in question took place on February 2, 2021, in Kadıköy, Istanbul. Demonstrations erupted after President Recep Tayyip Erdoğan appointed Prof. Dr. Melih Bulu as the “trustee rector” of Boğaziçi University, a move widely criticized by students and faculty. The Kadıköy District Governor's office banned the protest, citing security concerns.
During the police intervention, more than a hundred people were detained. Among them was Çapraz, who, along with nine others, was released on house arrest by the Istanbul Anadolu 9th Criminal Judgeship of Peace the following day.
Çapraz’s appeal against the house arrest was rejected, prompting him to file an individual application to the Constitutional Court on March 18, 2021. The house arrest order was eventually lifted on March 29, 2021, after the Istanbul Anadolu 35th Criminal Court opened a case against him for "violating the Law on Meetings and Demonstrations."
The Constitutional Court concluded its review over three years later. It ruled that the house arrest was unlawful, stating that “the evidence was largely collected, the applicant had a fixed residence, and there was no information, document, or allegation suggesting a flight risk or evidence tampering.” The court found that imposing house arrest without strong indications of a crime infringed upon Çapraz’s right to personal liberty and security.
In addition to recognizing the violation, the court ordered the state to pay Çapraz 192,500 TL in compensation.
