The Constitutional Court has found that journalist Sultan Eylem Keleş's right to a fair trial was violated when a court deferred the announcement of her sentence for allegedly insulting the President.
The Media and Law Studies Association's (MLSA) Legal Unit took the decision to the Constitutional Court after the İzmir 2nd Criminal Court of First Instance sentenced Keleş to 1 year, 2 months, and 17 days in prison on March 10, 2022, based on two social media posts. The court had deferred the announcement of the sentence (HAGB).
Following the appeals process, the MLSA Legal Unit argued that the HAGB decision violated Keleş's right to a fair trial. On April 30, 2024, the Constitutional Court ruled that the claims were admissible, stating that the application was not "manifestly ill-founded" and there was no other reason to declare it inadmissible.
The high court determined that the deferral of sentence announcements infringed on the right to a fair trial, as protected by Article 36 of the Constitution. The court emphasized the need for a retrial to rectify the violation.
The Constitutional Court ordered the decision to be sent to the relevant court for a new trial to address the consequences of the violation.
Background on the case
Sultan Eylem Keleş was convicted of "insulting the President" based on two social media posts, receiving a sentence of 1 year, 2 months, and 17 days, which was deferred by the İzmir 2nd Criminal Court of First Instance. The MLSA Legal Unit argued that the HAGB decision undermined Keleş's right to a fair trial, prompting an appeal to the Constitutional Court. The high court ruled in favor of Keleş, highlighting the importance of upholding fair trial standards in the judicial process.
