Constitutional Court Rules on Coding-Based Dismissals in Turkish Police Force

The General Assembly of the Constitutional Court examined two individual applications filed by former members of the Turkish National Police who had been removed from public service. The Court’s decisions clarified the legal weight of entries referred to as “Garson” codings, which have been used in administrative investigations related to alleged links with the FETÖ/PDY network. According to the rulings, coding information alone is insufficient grounds for dismissal when it is not supported by verifiable and independent evidence.

In the first case, involving Mehmet Emin Okyay (Application No. 2023/47320), the applicant had been dismissed under Emergency Decree Law No. 692. Authorities relied on coding entries identified as EA and ETÜD: 2015/1 in a data analysis report. The Constitutional Court noted that prosecutors had previously issued a decision of non-prosecution and that financial records did not reveal transactions indicating organizational activity or support.

The Court emphasized that information contained in analytical reports must be reinforced by reliable and reviewable evidence. Where corroborating facts are absent, administrative bodies and courts are expected to conduct a more comprehensive examination. The judgment concluded that relying solely on coding information exceeded the principle of proportionality and interfered with the applicant’s constitutionally protected right to respect for private life.

The second application, filed by former district police chief Doğan Doğan (Application No. 2023/1011), concerned a different set of circumstances. Digital records obtained from the source known as “Garson” categorized the applicant as A4. Witness statements presented during proceedings alleged that the applicant had engaged in activities benefiting the organization after the events of December 17–25. The Court also considered the existence of a prison sentence of six years and ten months for organizational membership, which remains under appellate review.

In its assessment of the second case, the Constitutional Court found that the dismissal decision was not based solely on coding data. The coding records were supported by witness testimony, judicial findings and additional evidence examined throughout the legal process. As a result, the Court concluded that the administrative action did not violate constitutional guarantees and did not breach the principle of proportionality.

The rulings are regarded as significant decisions defining the evidentiary threshold required in administrative dismissal cases. The Court underscored that intelligence-based coding systems cannot automatically establish organizational affiliation and that each case must be evaluated on the basis of concrete and corroborated evidence.

Kaynak: Constitutional Court General Assembly Decisions (Applications of Mehmet Emin Okyay and Doğan Doğan)