The strange dimensions of a new legal coup in Türkiye

According to the international group Tasnim news agency, in recent days and in The situation that Turkish President Recep Tayyip Erdoğan is in during his visit to Uzbekistan, an incident occurred that political analysts and judicial experts called a “legal coup”.

that the third branch of the Supreme Court of Turkey refused to implement the ruling of the Constitutional Court of Turkey regarding the release of a member of parliament. has been imprisoned But the Constitutional Court of Turkey, by issuing a new verdict, voted to cancel the verdict of the previous court and declared that it is necessary for this person to return to the parliament immediately and restore his dignity.

However, the relevant court issued a statement and considered “the ruling of the Constitutional Court as an example of supporting terrorism and a significant and suspicious act”. However, in terms of hierarchy, the Constitutional Court has such a high position that it can even issue judgments against the president, his deputies, the general prosecutors and the supreme commanders of the armed forces as the “supreme court”.

In this way, for the first time, a lower court not only ignored the verdict of Turkey’s highest judicial institution, but accused this institution of supporting terrorism!

The strange statement of the Third Court and accusing the Turkish Constitutional Court of supporting terrorism was such a strange event that it shocked the entire Turkish political and legal community and called it a “legal coup”.

All condemned “lawlessness”, Erdogan supported

In addition to a group of lawyers, senior judges and leaders of Turkish political parties, 3 politicians very close to Erdogan, the action of the third branch of the aforementioned court was immoral, a betrayal of the country’s legal system and an attempt to return to the legal system. During the coup of General Kanan Oren and the Field Court, they knew.

Professor Hossein Celik, the former Minister of National Education and the former deputy of Erdogan in the Justice and Development Party announced: “Well done to us!” In a situation where we were chanting slogans against injustice and disregard for the legal system, now we have returned Turkey to the legal system of military and field courts. Let’s not be tired, really!” The court considered the constitutional law and condemned it.

Shamal Tayar, one of the famous writers and lawyers of the ruling party, considered the action of the third court dangerous and condemned it.

p dir=”RTL”>But surprisingly, Erdogan attacked his comrades and supported the action of the third court with all his might. Erdoğan blatantly and with a calm mind pushed his country’s highest judicial and legal institution and accused the opposition of supporting terrorism and threatened them.

Recep Tayyip Erdogan returning from a trip to Uzbekistan Journalists said: “Unfortunately, the Constitutional Court has made many mistakes one after another. This procedure makes us very sad and affected. For now, the Third Circuit’s decision stands and should never be set aside. This court, in contrast to the decision of the Constitutional Court, said: If you are the Supreme Court, I am also supreme and as the Supreme Court, I now request an investigation and investigation about you. As a rule, at this point, it is the parliament that examines the complaint and the request of the third court. Now the issue of John Atalay is not particularly important. Unfortunately, similar things have happened before. Unfortunately, our parliament is also slow in dealing with the process of canceling the judicial immunity of terrorist representatives. Due to these delays, many terrorists escaped and went abroad as the process of removing their immunity in the parliament was delayed. These cases should be completed with very quick decisions and send them to prison. When these steps are not taken in time, you will see that one of them is in America, another is in Germany, and another is in France, and from there they threaten Turkey. My country should not face the threat of perverts who have fled abroad. If some friends of my party here criticize the Third Court and praise the Constitutional Court, they are also wrong. In the end, I emphasize that the powers of the constitution belong to our Supreme Parliament and it cannot delegate this power. No one can challenge this absolute authority of the parliament that was formed by the will of the people”. It is political and against the Turkish constitution. The law says: a member of the Turkish parliament has judicial immunity and he can be interrogated or sent to prison only when the country’s attorney general sends a letter to the speaker of the parliament to issue a cancellation of immunity.

The Speaker of the Parliament can do such an action only by raising the issue in the public forum and obtaining the approval of the open vote of the representatives. But even after this stage and the issuance of the ruling to revoke judicial immunity and the trial and imprisonment of the parliamentarian, the Constitutional Court can enter the case and cancel the ruling if the judicial procedure is wrong.

It is a shame that this happened to two jailed MPs, Gregorioglu and Govan, and with the ruling of the Constitutional Court, both MPs were released from prison and returned to the parliament after gaining judicial immunity.

What do lawyers and politicians say?

Abdullah Gol, the former president of Turkey, Ahmet Davutoglu, the leader of the Future Party, Temel Karameloglu, the leader of the Saadat Party, Ali Babacan, the leader of the Leap and Democracy Party, and Özgur Özel, the leader of the People’s Republic Party, were among the politicians who, by issuing a statement, attacked a lower court. They considered the constitution dangerous and condemned it.

Professor Sami Selcuk, one of the most famous lawyers in Turkey, who is currently the honorary head of the Turkish judiciary, says: I cannot believe that our judiciary has given such a verdict. The issue is clear and does not need to be discussed. According to Article 153 of the Turkish Constitution, all people and institutions of our country are required to fully comply with the rulings of the Constitutional Court.

Professor Osman Jan, former reporter of the Turkish Constitutional Court, also says: “I really don’t know what to write and what sentence to look at. I am shocked. Can a lower court act against the Constitutional Court? Let me say bluntly, such a thing means the fall of our government”.

Professor Hashem Kleç, the former head of the Turkish Constitutional Court, also says: “The decision of the third branch of the judiciary is to trample all Legal boundaries and obvious interference in the work of Parliament and the Constitutional Court. With this, they hurt our law and justice system”.

Despite the widespread opposition of lawyers and politicians, Erdogan supports the attack on the Turkish Constitutional Court. Why? The answer is simple. This is because after the failed coup of 2016 and the handing over of all judicial and legal offices in Turkey to the members of the Justice and Development Party, the Constitutional Court is the only judicial institution that still maintains its independence and is not willing to accept the orders of the President. .

Erdogan tried last year to put another person on the post of president by exerting influence on some of the senior judges of this court. But Professor Zohdi Arslan, who is known for having high legal knowledge and complete independence from the president, was once again retained in his post.

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