Top Turkish court paves way for retrial of Balyoz coup case convicts

Turkey’s top court has delivered a landmark ruling, deciding that the rights of a majority of the convicted suspects in the Balyoz (Sledgehammer) coup plot case have been violated, thus paving the way for a retrial.

The Constitutional Court issued its ruling on June 18, after merging 230 separate individual appeals that were filed by the convicts. The ruling is likely to have repercussions in the political arena as well, as political debates are already heated in the run up to the August presidential election.

The Constitutional Court ruled unanimously that the convicted suspects’ rights were violated concerning “digital data and defendants’ testimony,” obliging local courts for a re-trial of the suspects in order to eliminate the violations.

Lengthy detentions and delays in the delivery of rulings by the Constitutional Court concerning individual appeals on lengthy detentions in the Balyoz case have long been occupying the national agenda.

On Oct. 9, 2013, the Supreme Court of Appeals ordered the retrial of 88 convicted suspects, while approving the convictions of 237 suspects in the case.

Lawyers expect release

Celal Ülgen, one of the lawyers of the Sledgehammer case, told daily
Hürriyet they were expecting the suspects to be released in light of the Constitutional Court’s ruling.

“Freedom should be granted to the suspects. According to our laws, if the Constitutional Court rules
about a violation [in the court case], then one can apply this to the
primary court [and ask] for a retrial,” he said.

Ülgen said the
Constitutional Court would notify the court and Justice Ministry about
its verdict today, and this should bring about the release of...