Let's talk a bit about the terrorist leader's situation

The legal nature of the decisions made by the Constitutional Court and the Court of Cassation regarding Hatay Deputy Can Atalay, which have turned into a state crisis, continues to be debated.

A section in the latest decision by the 3rd Criminal Chamber of the Court of Cassation is quite remarkable.

We are talking about Article 14 of the Constitution, which the Constitutional Court said, “The scope of this article must be determined by law,” and which the 3rd Criminal Chamber used as the basis for Atalay's conviction.

In the 3rd Criminal Chamber's decision; “Article 14 is an indispensable element for the independence and democracy, that is, the existence of the Republic of Türkiye” determined, and therefore emphasizing that there can be no talk of "immunity for someone who has committed a crime against the existence of the state," the following example was given: emphasizing that there can be no talk of "immunity for someone who has committed a crime against the existence of the state," the following example was given:

"Otherwise, the path would be opened for Fethullah Gülen, Şerif Ali Tekalan, Recep Uzunallı, Adil Öksüz, Ekrem Dumanlı, Cemil Bayık, Murat Karayılan, Duran Kalkan, Sabri Ok, Ali Ekber Doğan, and similar suspects or defendants—who have targeted the indivisible integrity of the Republic of Turkey with its state and nation, are linked to many bloody terrorist acts, and are currently sought with red notices as they have not yet been captured—to be elected as members of parliament, take the oath of office, and enter the Grand National Assembly of Turkey (TBMM). It is impossible to argue that this situation is legally sound."

Let us leave the first word on this remarkable foresight to a legal expert. The former judge who opposed the transfer of the case of journalist Jamal Khashoggi, who was brutally murdered in the middle of Istanbul, to Saudi Arabia with a robust dissenting opinion, and who was subsequently sent to Kahramanmaraş and forced into retirement, Nimet Demir, President of the 12th High Criminal Court, wrote the following in Karar newspaper yesterday:

"It is observed that the 3rd Criminal Chamber of the Court of Cassation has filled the content of Article 14 with types of crimes based on the possibility that 'the path could be opened for the election of individuals who have participated in bloody acts and are subject to red notices as members of parliament,' which has not yet occurred. Such an approach is incompatible with legal science. Because the essence of law is not probability or apprehension, but experience. As of now, there is no one who has been elected as a member of parliament after a red notice was issued against them for participating in bloody terrorist events, as the Chamber's reasoning suggests... This justification put forward by the Chamber does not align with the essence of law or the experience accumulated in our country to date... We are facing a criminal case that cannot and should not be expanded through interpretation. The 3rd Criminal Chamber of the Court of Cassation has acted in clear violation of the principle of legality in crimes and punishments—a principle of legality and predictability spanning thousands of years—by expanding the scope of Article 14 of the Constitution, which lacks the necessary certainty and legal predictability, through interpretation, and specifically to the detriment of the defendant."

IS THERE A POSSIBILITY OF GÜLEN RETURNING?

Now let us speak and ask:

Was Fethullah Gülen not declared the number one defendant in all July 15 cases, were arrest warrants not issued for him, and was he not requested from the USA multiple times?

Is the same situation not valid for the others as well?

Even if their files were separated because their testimonies were not taken, were their crimes not identified one by one in the cases that were heard and concluded?

Is there any possibility of them coming to Turkey, let alone becoming members of parliament?!

The great Republic of Turkey, the great Turkish judiciary will allow this, is that so? Or the Turkish Nation?

If so, it is official proof that we are finished, or in other words, that Turkey has fallen into the hands of "FETÖ/PKK"!..

WHERE WERE YOU WHEN THE HABUR COURTS WERE BEING ESTABLISHED?

Let's talk a bit not about “possibilities or delusions,” but about lived realities.

Remember the “opening” period; have we forgotten that the state gave the “green light” to the attempt to make Zübeyir Aydar and Remzi Kartal, the PKK leaders in Europe who sat down to negotiate with the MIT in Oslo, members of parliament from the HDP in the June 2015 elections?

Here is a small excerpt from what was discussed at İmralı before that election:

Pervin Buldan: “Mr. Chairman… Selahattin Bey [Demirtaş] has a message regarding Remzi Kartal and Zübeyir Aydar. He says, ‘The return of our friends to Turkey before the election could contribute to the process.’ Furthermore, their candidacy would add strength to us in the election. He wants to know your thoughts on this matter.”

Undersecretary of Public Order and Security: “There is no problem with this. We have investigated it. They can come whenever they want.”

The terrorist leader: “No, let them be patient for one month. I will make the necessary call when the time is right.”

Another dialogue from İmralı:

Undersecretary of Public Security: "What happened with those coming from Europe? Will they be candidates?"

Pervin Buldan: "They have no such demand. However, it was discussed in previous meetings. The President also said, 'I will call them.' Now, our friends are waiting for the President's message."

Terrorist leader: "Of course, when this negotiation begins, it might be beneficial for them to be here. But there shouldn't be any trouble when they arrive. If you also find it appropriate, Remzi and Zübeyir are suitable in my opinion."

Undersecretary of Public Security: "There is no problem on our end."

Of course, this plan was, before Erdoğan's "solution table" toppling it and then “putting it in the refrigerator” it lay dormant.

What about the establishment of tent courts in Habur for PKK members?! While judges and prosecutors were sent to the feet of PKK members, was there anyone who remembered or reminded others of Article 14 of the Constitution?

WHAT WILL HAPPEN IN 3 MONTHS?

The crisis surrounding the Can Atalay file can no longer be explained by reason, logic, or law. So much so that the matter has been “linked to a new constitution.” it was brought to this point.

We know that among those who most desire a new constitution are the terrorist organization PKK, still led by the terrorist leader in İmralı, and its political extensions. Their ambitions include changing the first four articles of the Constitution and recognizing a "Kurdish identity" alongside the Turkish nation, as well as transitioning to education in the mother tongue.

In the meantime, we would like to draw attention to a decision regarding the terrorist leader that is never discussed and is practically ignored.

According to the unanimous decision on human rights violations taken by the ECHR in March 2014, after 25 years have passed, "the right to hope and the right to conditional release" require Turkey to review the terrorist leader's situation.

When does the terrorist leader's 25 years in prison end, you ask?

According to the calculations of former Supreme Court of Appeals Prosecutor Ömer Faruk Eminağaoğlu, it ends no later than February 15, 2024.

That is, before the local elections.

Yes, the government has not been taking ECHR rulings into account for some time. It also informed the Council of Europe that the terrorist leader is "exempt from the right to hope." However, in the next three months, who knows what water will flow under the bridge!..

Yes, "The terrorist leader cannot get out; he will serve his sentence." is being said; but is our judiciary taking precautions just in case? For example, now that it has emerged that he also manages the YPG/PYD terrorists in Syria from Imralı, are preparations being made for him to be tried and punished for these crimes?

Expectations of a 100th-anniversary amnesty... Erdoğan's determination to win the elections, especially in Istanbul... The application of HEDEP deputies to the Ministry of Justice to meet with the terrorist leader... Allegations that "back-channel diplomacy has begun" between the AKP and HEDEP, the new political extension of the PKK...

For some reason, a voice inside me; "I think the crisis being experienced probably has something to do with the terrorist leader as well." is saying!..