A New Crisis: Separation of Powers and National Unity

Initially, the issue was ''merely'' about the unjust continued imprisonment of Hatay MP Can Atalay. In our country, those who perform representative duties in Parliament are members of parliament; they are not ''representatives of the people'' as they are in the US. They are members of parliament, meaning they are representatives not only of those who voted for them, but of the nation itself. In our legal system, the nation is defined in the words of Atatürk as ''The People of Turkey who founded the Republic of Turkey, the Turkish Nation.'' The nation is an imaginary community, as some criticize. It is beyond the people living today. It is a political identity that has existed in the past, has brought us into existence, and is desired to exist in the future. The member of parliament is the representative of this entity that carries this identity. They engage in legislative activities on its behalf, and they seek, or should seek, the rights of the nation.

The nation exercises its national sovereignty through the organs of the state. That is, not only through the Parliament that legislates or the executive branch it tries to determine by voting every few years. National will is manifested through the judiciary, the legislature, the executive, and constitutional bodies. More importantly, in the present day, conventional and social media also participate in this will. Because people who cannot hear, see, or receive news cannot make the right decisions or exercise their will. These organs are the eyes, ears, hands, and feet of the nation.

Beyond this, the people, who are the greatest supporting pillar of the nation today, are not in true unity. It is for this reason that the divisions and differences among the people must be represented, and minorities, in particular, must be protected against the majority. Only in this way can true national unity be achieved.

If the representative of the nation is a prisoner, then the nation is a prisoner. Can Atalay is a deputy of the nation, a representative. Therefore, the nation is a prisoner.

The judiciary is also an organ of the nation. Through the 3rd Criminal Chamber of the Court of Cassation, this organ has also been threatened. Judges who make decisions in the name of the Turkish Nation are facing the threat of being prosecuted for their decisions. Moreover, the judges of the Constitutional Court, who are the final legal safeguard for citizens, are facing this threat.

Article 153 of the Constitution mandates: ''...Decisions of the Constitutional Court shall be published immediately in the Official Gazette and shall bind the legislative, executive, and judicial organs, administrative authorities, and natural and legal persons.'' It appears that these decisions do not bind some. In that case, the authority of the State and national sovereignty are not as strong as these individuals.

As a result of the attitude of the 3rd Criminal Chamber of the Court of Cassation, national unity and the separation of powers have been harmed. Legal security has disappeared. This attitude does not actually stem solely from the 3rd Criminal Chamber of the Court of Cassation. Although Article 104 of the Constitution states that ''The President, in the capacity of Head of State, represents the Republic of Turkey and the unity of the Turkish Nation; ensures the implementation of the Constitution and the regular and harmonious functioning of the State organs,'' the President has not ensured the regular and harmonious functioning of state organs or the implementation of the Constitution.

The Speaker of the Grand National Assembly of Turkey has not stood up for the imprisoned MP Can Atalay.

The 13th High Criminal Court, which is a court of first instance, has resisted the Constitution.

In short, the Constitution is not being implemented. The Constitution is not a law; it is a social contract. Those primarily obligated to comply with this contract are the State and the organs of the state. When the state does not comply with the Constitution and the law, it is impossible to distinguish the state from any power center.

When state organs do not comply with the Constitution, neither national unity nor national sovereignty remains. Now, not only is Can Atalay a prisoner, but the national will is also a prisoner.

The duty to protect the Constitution is now spread among all members of the nation. All citizens, especially legal professionals, must defend the Constitution and the Law. Before it is too late!