Head of Public Relations and Domestic Cooperation Division Fajar Laksono (second from right) along with staff of the Registrar\'s Office and the Secretariat General of the Constitutional Court representing the Constitutional Court in the Summer School held by the Turkish Constitutional Court. Photo by Humas MK/FLS.

The rights to liberty and security are guaranteed by the constitution in all countries. They must not be violated or harmed arbitrarily. The problem is, in practice, the guarantee of protection of those rights is often restricted and difficult to be fully implemented. The issue was the main topic raised by the Turkish Constitutional Court at the 6th Summer School held on September 16-22, 2018 in Ankara and Konya, Turkey. The Summer School is an annual agenda of the Turkish Constitutional Court in its capacity as the Permanent Secretariat of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC) for the improvement of human resources.

The Turkish Constitutional Court invited 17 countries, including Indonesia, to be part of the activity. The Indonesian Constitutional Court sent a delegation consisting of the Head of the Public Relations and Domestic Cooperation Division Fajar Laksono along with several staff members of the Registrar\'s Office of the Constitutional Court. Also present were constitutional justice delegates from Albania, Azerbaijan, Bulgaria, Georgia, Kyrgyzstan, Kosovo, Kazakhstan, North Cyprus, Ukraine, Thailand, Palestine, Tajikistan, Mongolia, Thailand, Montenegro, and South Korea.

The event was officially opened at the Turkish Constitutional Court building in Ankara on Monday morning (9/17). In his welcome speech at the opening ceremony, the President of the Turkish Constitutional Court Zuhtu Arslan conveyed the reason for choosing the theme of the rights to liberty and security. The experience of the Turkish Constitutional Court in dealing with cases of alleged violations of the rights to liberty and security is not only important to convey, but also important for Turkey to obtain insight about practices on the issue in other countries.

In the presentation session of the event, speakers, both international academics and members of the Turkish Constitutional Court, presented their views and questions related to the rights to liberty and security.

Each delegate then conveyed the experience of their institution in providing protection and guarantees for the rights to liberty and security. A number of variations of settings and practices were presented. In Turkey and a number of other countries, for example, the Constitutional Court has the authority to decide on the Individual Application. For example, if a person felt they had been arbitrary detained by state apparatus, they can submit an Individual Application. After the Turkish Constitutional Court examines the available evidence, the detention might be proven to be illegal, causing the rights to liberty and security to be restricted. In fact, the state must provide monetary compensation to the victim of such mistreatment for losses due to the actions of the country.

The Indonesian delegate in his presentation stated that the Indonesian Constitutional Court does not have the authority to decide on Individual Application or constitutional complaint cases like the Turkish Constitutional Court does. However, the protection of the right to liberty and security guaranteed by the Constitution is carried out by the Constitutional Court through the implementation of the authority of constitutional judicial review. A number of Constitutional Court decisions were presented in the presentation, proving that the Indonesian Constitutional Court has a strategic role in guarding the constitution and protecting the rights of citizens guaranteed by the Constitution, including the right to liberty and security.

All participants agreed that all courts, especially through constitutional court, should have a greater role in accordance with the authority they have to provide protection for the right to liberty and security to citizens. The challenges that arise must be faced more comprehensively.

After the presentations, Vice President of the Turkish Constitutional Court Engin Yildirim delivered his speech and expressed his gratitude to all delegates present on Wednesday afternoon, September 19, 2018. The event was then followed up by an excursion and social program study of all participants to Konya City, the Capital City of Sufism, the City of Hearts, where Rumi had lived, 265 km south of Ankara. (FLS/LA/Yuniar Widiastuti)