“Toplantı ve Gösteri Yürüyüşü Düzenleme Hakkı” ile “Kötü Muamele Yasağı” Karşısında Kolluğun Güç Kullanma Yetkisi

Abstract

This study includes an assessment of the process and consequences of the Constitutional Court Individual Application for conflicts arising as a result of the unauthorized action of a group of non-governmental organizations, despite the ban on the organization of meetings and demonstration marches on the grounds of provision of public order by the administration. The Individual Applicant before the Constitutional Court alleged that some demonstrators, who were injured in a brawl during unauthorized activity that law enforcement officers attempted to control, were exposed to ill-treatment and violations of their rights to meetings and demonstration marches. Some demonstrators have been sued against the law enforcement officials for events that have experienced, but there has been no trial to address the dispute because they are not allowed to investigate the persons concerned. In addition, the demonstrators who applied to the Constitutional Court claimed that the law enforcement officers used disproportionate force and that an effective investi-gation has not been held. The protection of the rights of the person’s pecuniary and non-pecuniary integrity with a constitutional right, the freedom of thought and faith, and the right to meeting and demonstration marches, were violated. The Constitutional Court made their decision by assessing the applicants’ actions during the demonstrations. In actual fact, the Supreme Court believed that some demonstrators resisted the law enforcement officers and that there were no violations of their rights in the beatings, while other demonstrators were entitled to no such interven-tion of law enforcement forces and it was a violation.