Court accepts retrial request of CHP’s Berberoğlu
Enis Berberoğlu walks in Parliament during an oath-taking ceremony, Ankara, Turkey, Oct. 1, 2018. (Photo by Ali Ekeyılmaz)


The Istanbul 14th High Criminal Court on Monday halted criminal enforcement against main opposition Republican People's Party's (CHP) former deputy Enis Berberoğlu by approving the request of the prosecutor’s office for a new trial.

The Istanbul Public Prosecutor’s Office on Monday requested a new trial for Berberoğlu, who was convicted for his role in leaking secret documents.

The opinion of the prosecutor’s office was presented upon the ruling of the Constitutional Court of Turkey (AYM), which said last month for the second time that Berberoğlu’s rights were violated by lower courts.

The prosecutor’s office stated that the Constitutional Court is authorized by the Constitution to accept and decide on individual applications and that its decisions are constitutionally binding.

In September, the Constitutional Court’s General Assembly ruled that Berberoğlu's rights were breached, including his right to stand for elections and engage in political activities and his right to freedom and security.

The original appeal noted that the "right to stand for elections and engage in political activities and the person’s right to freedom and security and the right to question the witness, since the alleged witness was not ready at the hearing, was violated because of the continuation of the trial and the detention of a deputy who regained his right of privacy."

Following the first ruling, Berberoğlu attempted to reverse the verdict of the lower court at the Istanbul 14th Heavy Penal Court in accordance with the Constitutional Court’s decision. The local court’s stance on the issue, however, remained the same, leading Berberoğlu to apply to the Constitutional Court a second time, after which it again ruled the former deputy’s rights had been breached.

Berberoğlu was stripped of deputyship in June 2020. In 2018, a Turkish court ruled to release Berberoğlu after having sentenced him to five years and 10 months for his role in leaking secret documents about National Intelligence Organization (MIT) trucks.

Berberoğlu was accused of supplying confidential information regarding the country's intelligence service to two journalists, Can Dündar and Erdem Gül, who have both been charged with willfully aiding a terrorist group without being a member.