Constitutional Court, in other words, Supreme Council President Kadir Özkaya…
Deputy Presidents Hasan Tahsin Gökcan and Basri Bağcı…
Members Prof. Dr. Engin Yıldırım, Rıdvan Güleç, Assoc. Prof. Dr. Recai Akyel, Prof. Dr. Yusuf Şevki Hakyemez, Yıldız Seferinoğlu, Selahaddin Menteş, İrfan Fidan, Kenan Yaşar, Muhterem İnce, Yılmaz Akçil, Prof. Dr. Ömer Çınar and Assoc. Prof. Dr. Metin Kıratlı…
This article is a legal petition I have written as an ordinary citizen, addressed to your institution and to each of you.
I know; ordinary citizens can only apply to the Constitutional Court to exercise their right to individual application following the conclusion of cases in which they are being tried.
They cannot file a lawsuit, nor can they file a criminal complaint.
But when the subject is the constitution…
When it is the homeland…
And unfortunately, when the person who should be in the position of a defendant is the Speaker of the Parliament of this country…
And when no one else has the power to file a criminal complaint or a lawsuit against him…
The duty falls to ordinary citizens like me.
***
Yes; I am filing a criminal complaint against Parliament Speaker Numan Kurtulmuş for “committing a constitutional crime” because he proposed changing the third article of the Constitution, which is “never to be changed and not even to be proposed for change.”
For the Speaker of Parliament, who derives his power and authority from the currently valid Constitution, to say that the expression “The State of Turkey is an indivisible whole with its territory and nation,” which is regulated by the third article of the Constitution, should be reviewed, is a clear crime committed cunningly and intentionally.
It is more than a crime; it is an abuse of authority and a betrayal of duty.
The true purpose of this insidious proposal, which is supposedly disguised under an innocent cover like “correcting a phrasing error,” is to “punch a hole in the constitution to change the four articles that cannot even be proposed for change.”
First, the castle walls will be demolished under the pretext of correcting this so-called “phrasing error,” and then it will be the turn of the regulations that the HÜDAPAR Chairman recently expressed openly.
***
Mr. President, Honorable Members…
I absolutely do not agree with the words of CHP Chairman Özgür Özel, who made a statement after this proposal by the Parliament Speaker, saying, “We will break the hand of anyone who reaches for the first 4 articles.”
The Republic of Turkey is a state of law, and no one can break anyone's hand, nor can they cut off their head or tongue…
In states of law, only courts impose penalties for crimes committed.
Now, there is a “constitutional crime” that has been clearly committed.
And unfortunately, this crime has been committed by a member of parliament who has donned the armor of immunity, or more importantly, by the Speaker of Parliament, or has been deliberately made to be committed by him by certain circles.
The penalty for this constitutional crime can only be imposed by the Supreme Council, which is the only authorized body in this matter according to the provisions of the current Constitution, in other words, the Constitutional Court of which you are the president or a member.
***
Mr. President, Honorable Members…
If you forget the principle of the rule of law and ignore this crime for purely political reasons…
In other words, if you refrain from exercising your duty as the Supreme Council…
If you do not try Numan Kurtulmuş for the “crime of proposing to change one of the four articles of the Constitution that can never be changed and cannot even be proposed for change”…
Each of you…
One by one…
Will have committed the “crime of misconduct in office”…
This means that you are not fulfilling your fundamental duty of “protecting the current Constitution”…
In other words, you, both individually and as an institution, will have committed a crime.
***
Mr. President, Honorable Members…
I request and demand from your High Court that this open petition of mine be processed and that you fulfill your duty as the Supreme Council panel to try the person named Numan Kurtulmuş, who has committed a constitutional crime, regardless of his duty or position, as soon as possible.
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