Constitutional Court (AYM) issued that the application of restriction on lawyer access is against the Constitution, even though it is issued based on the law. In the application of Hasan Demir, Fazıl Ahmet Tamer and Erol Kalan, the application to receive defendant testimony without a counsel was found to be violating ‘the right to fair trial’ and ‘the presumption of innocence.’ The court issued a retrial.
Kaplan, Tamer and Demir had been taken into custody in 1994 and remained under arrest for 7 years, later convicted by the State Security Court due to ‘attempting to overthrow the Constitutional order by force.’ The Court had claimed that they had “confessed” their crimes while testifying.
On the other hand, AYM issued that the 4.25 squared-meter area per convict, including common life zones like kitchen and open air spaces, is sufficient. Therefore, AYM found the application of Mehmet Hani Baki, who is on trial within the “FETÖ” case, unacceptable. Baki had applied to the high court, indicating that they are staying 25 people in the prison ward that contained only 16 bunk beds and that he has to sleep on the floor.