1st Week of November 2025: Lower Courts Defy the Constitutional Court

Weekly Turkey Report: 1st Week of November 2025: Lower Courts Defy the Constitutional Court

Executive Summary

• Several local courts continue to defy binding Constitutional Court (AYM) rulings, underscoring systemic erosion of the rule of law.

• Istanbul’s 13th High Criminal Court refused to release and retry Tayfun Kahraman despite an AYM violation ruling, accusing the AYM of acting like a “super-court of appeal.”

• The European Court of Human Rights (ECHR) finalized its violation judgment in the Selahattin Demirtaş case; pressure mounts for immediate release.

• CHP Chair Özgür Özel apologized for his party’s past support for lifting Kurdish MPs’ immunities; he also leveled serious conflict-of-interest claims against prosecutor Akın Gürlek.

• Prosecutors summoned six prominent journalists for statements in the İmamoğlu probe; all were released after questioning.

• New waves of asset seizures target Hat Holding and Investco Holding; the Savings Deposit Insurance Fund (TMSF) appointed as trustee.

• Inflation remains among the highest in the OECD; the Central Bank projects slow disinflation, while the 2026 revaluation rate implies broad tax/fee hikes.

Politics & Governance

Lower Courts Defy the Constitutional Court
High courts can shape national trajectories more than legislatures. In the U.S., even controversial Supreme Court decisions bind all lower courts. Turkey is not even at that point. Despite Article 153 of the Constitution—“Constitutional Court decisions shall be published immediately in the Official Gazette and are binding on the legislative, executive and judicial organs, administrative authorities, and on natural and legal persons”—lower courts increasingly ignore AYM rulings.

The Istanbul 13th High Criminal Court again declined to comply with the AYM’s decision in the Gezi case concerning Tayfun Kahraman, rejecting both his release and retrial. The court accused the AYM of acting like a “super court of appeal” and of “usurping authority,” claiming the AYM had overstepped its remit when it found a violation of the right to a fair trial.

ECHR’s Demirtaş Ruling Becomes Final
While Ankara disregards the AYM, it now faces another ECHR test. The Court rejected Turkey’s request for referral to the Grand Chamber regarding former HDP Co-Chair Selahattin Demirtaş, making the violation judgment final. DEM Party called for Demirtaş and others—citing numerous ECHR rulings—to be released without delay. MHP leader Devlet Bahçeli stated that Demirtaş’s release “would be auspicious.”

CHP’s Reassessment of the Immunities Vote
CHP leader Özgür Özel described Bahçeli’s remarks as “very auspicious” and publicly apologized to Demirtaş, noting his party’s role years ago in lifting parliamentary immunities that paved the way to prosecutions. Under Kemal Kılıçdaroğlu’s leadership, CHP votes had allowed the amendment to pass constitutional hurdles; Özel now says the party owes the country an apology.

Clash over Akın Gürlek
Özel further alleged that special-investigation prosecutor Akın Gürlek simultaneously held a paid board seat at the state-owned Eti Maden A.Ş., contrary to law, and received substantial compensation. He called on the Council of Judges and Prosecutors, the Justice Minister, and the Presidency to clarify whether they knew of the payments.

Pressure on Media in the İmamoğlu Probe
As part of the inquiry into detained Istanbul Mayor Ekrem İmamoğlu, prosecutors summoned six journalists—Soner Yalçın, Şaban Sevinç, Aslı Aydıntaşbaş, Ruşen Çakır, Batuhan Çolak, and CHP Communications Coordinator Yavuz Oğhan—for statements on alleged “public dissemination of false information” and “aiding a criminal organization.” They were released after questioning.

Hüda Kaya’s Sentence
Former HDP MP Hüda Kaya entered Ankara Elmadağ Women’s Open Prison to serve a 1.5-year sentence stemming from a 2022 prison visit to her detained son, over a claim that she carried a phone into the facility. She was released shortly thereafter.

Rule of Law & Human Rights

• The refusal of lower courts to execute AYM rulings signals normalization of illegality and arbitrariness in the judiciary.

• Growing reliance on legal tools against political opponents and journalists persists, further blurring the line between criminal process and political management.

Economy & Markets

Inflation and Outlook

• October CPI: +2.55% m/m; +32.87% y/y.

• 12-month average increase: +37.15%.

• Increase since previous December: +28.63%.
  Turkey remains the highest-inflation economy in the OECD and ranks roughly fifth worldwide.

Central Bank Guidance
Central Bank Governor Fatih Karahan projects year-end 2025 inflation at 31–33%, and 13–19% for 2026, citing education, rents, and food as the main drags on disinflation. He pledged to maintain a tight monetary stance to meet interim targets.

Fiscal/Administrative Moves

• Asset seizures: All assets of Hat Holding and Investco Holding were frozen in a money-laundering and capital-markets probe; TMSF appointed trustee.

• Payments sector: The licenses of İninal, PayFix, and Aypara—previously transferred to TMSF—were revoked in connection with illegal betting and money-laundering investigations.

• Revaluation Rate for 2026 set at 25.49%, implying across-the-board increases next year in taxes, fees, and penalties (e.g., passports, motor vehicle tax, traffic fines, and foreign-phone registration fees).

Society, Labor & Safety

A fire at a cosmetics plant in Kocaeli’s Dilovası district killed six people—including two children—and injured four (one critically). Prior complaints to CİMER alleged that around 15 workers, including minors, were uninsured. An investigation is underway.

Sports & Integrity

Following remarks by Turkish Football Federation (TFF) President İbrahim Hacıosmanoğlu, prosecutors launched a broad betting inquiry. Seventeen referees, Eyüpspor Chairman Murat Özkaya, and former Kasımpaşa Chairman Mehmet Fatih Saraç were detained for questioning; Saraç was released after his statement. A detention order was also issued for businessman Turgay Ciner. Match-fixing and illicit betting concerns continue to cast a shadow over Turkish football.

Data Watch

• CPI (Oct): +2.55% m/m; +32.87% y/y

• 12-mo Avg CPI: +37.15%

• CPI since Dec: +28.63%

• CBT Forecasts: 2025: 31–33%; 2026: 13–19%

• Revaluation Rate (2026): 25.49%