‘Facebook Sharing’ Decision from the Constitutional Court

Sharing made by one of the Yıldız Technical University students, continuing over the years turned into a lawsuit. Yıldız Technical University Rectorate, which initiated a disciplinary investigation against the student and suspended him from school, went to court with his former student due to this decision. Constitutional CourtIn the process leading up to ‘the student was right.

A student named Ahmet Batur, in 2016 He shared a post on his Facebook account. In this post, Yıldız Technical University has a ruled by a cult There was an article claiming The article did not belong to Batur, and no comments were made. Ahmet Batur, who was subject to a disciplinary investigation and suspended from school after sharing, has filed a lawsuit in the administrative court. while being rightYıldız Technical University objected to this decision. In the case that went to the Istanbul Regional Administrative Court, this time the rectorate was found to be justified.

Unanimous decision of the Constitutional Court

Ahmet Batur, who was a student of Yıldız Technical University at that time, decided to take the matter to the Constitutional Court. Once again, the Supreme Court’s review the student is right expressed. Because it was decided by the court that Yıldız Technical University intervened excessively, that the sharing place was the student’s private space and that Ahmet Batur’s freedom of expression was restricted. The delegation also 5,000 TL for non-pecuniary damage. decided.

The decision of the Constitutional Court is as follows:

• Alleged violation of the right to education THAT IT IS ACCEPTABLE,
• The right to education guaranteed in Article 42 of the Constitution. THAT IT HAS BEEN VIOLATION,
• A copy of the decision is about to be retrial in order to eliminate the consequences of the violation of the right to education. to the Administrative Court,
• clear to the applicant PAYMENT OF 5 thousand TL non-pecuniary damage,

It was decided unanimously.