Constitutional Court: Police intervention violated Saturday Mothers' right to assembly

The Constitutional Court (AYM) has decided that a police intervention against the Saturday Mothers' 700th week protest in August 2018 violated the rights of the protestors.

The 700th weekly protest of the Saturday Mothers on August 25, 2018 was banned by a decision of the Ministry of Interior. The police detained the protesting mothers after a violent intervention in the heart of Istanbul.

The Saturday Mothers have been holding a sit-in protest every Saturday in Istanbul's Galatasaray Square for 28 years since May 27, 1995, asking for clarification about their relatives who disappeared in the custody of state forces.

47 activists from the Saturday Mothers, who were subjected to police violence and detained by the police, were brought to trial for violating the "Law on Meetings and Demonstrations".

Maside Ocak Kışlakçı, one of the victims of the police violence, filed a criminal complaint with the Istanbul Chief Public Prosecutor's Office on September 10, 2018, due to the disproportionate use of force and the violation of her right to assembly, demonstration and march.

The Istanbul Chief Public Prosecutor's Office issued a verdict of non-prosecution on May 2, 2019.

Kislakçı made an individual application to the Constitutional Court (AYM) on June 19, 2019. The decision made on November 16, 2002 in response to the application was published in the Official Gazette.

After evaluating the application, the Constitutional Court requested a defence from the Ministry of Interior, which argued that the application was inadmissible due to the statute of limitations.

The Constitutional Court also rejected the application in terms of ill-treatment, arguing that the applicant had received the assault report 15 days after the incident.

By a large majority and the opposition of judge Muhterem İnce, the court ruled that the right to hold meetings, demonstrations and marches was violated. The court also decided that Kışlakçı be paid for non-pecuniary damages.