No release despite Constitutional Court ruling

2025-04-22 10:47:31


	 

	ANKARA - Hikmet Calagan has been imprisoned for 32 years and has not been released from prison despite the completion of his sentence and the Constittional Court's decision on the violation of the law. 

	 

	Hikmet Calagan was arrested after being detained in Istanbul in November 1993 and sentenced to life imprisonment by the State Security Court (DGM) on charges of "disrupting the unity and solidarity of the state". Calagan is being held in Maraş Türkoğlu L-Type Closed Prison No 2, and he has not been released from prison despite having completed 30 years of imprisonment. Calagan's release is being prolonged on the grounds of "solitary confinement penalties". 

	 

	

	 

	Calagan's lawyer Alisan Sahin applied to the Constitutional Court (AYM) to prevent his client's release in 2023. The Constitutional Court deemed it a violation not to release Calagan in 2024. However, despite this, Çalağan was not recognised.

	 

	'JUDICIARY DOES NOT RECOGNISE THE DECISION OF THE COURT'

	 

	Lawyer Sahin likened the process of preventing his client's release to the case of Turkey Worker's Party (TIP) MP Can Atalay, whose release was prevented despite the Constitutional Court's decision. Sahin said, "We applied to the Constitutional Court regarding the execution sentences given to Hikmet Calagan and another political prisoner in the same ward with him. The violation decision given to the other convicted friend was tied to compensation. Because that friend had been released from prison after completing his execution period. After the Constitutional Court decision, the file came to Kahramanmaraş Execution Judge. However, the judgement of the Constitutional Court was not recognised. Our appeal to the High Criminal Court was also not recognised. The Court of Cassation also did not recognise the Constitutional Court's decision and stood by its previous decision."

	 

	Stating that they applied to the Constitutional Court again, Sahin said, "Although nearly a year has passed, the Constitutional Court has still not ruled on the application. Which compensation will compensate for the deprivation of my client's freedom? We are not after the compensation already given. We did not have such a demand. However, we believe that the Constitutional Court should correct this unlawfulness of its own judgement. The Constitutional Court should write a sanctioning decision for the immediate release of Çalağan, who has not been released even though his sentence has been completed. When this unlawfulness ends, it will contribute to the process we are living in these days and waiting with hope."