That criminal complaint was sent to the Constitutional Court... But how?!

Our country has been without a constitution for a week.

The reason is well-known. Despite the clear provision of the Constitution, the Constitutional Court's release order regarding Hatay MP Can Atalay was not implemented. Not only was it not implemented, but Atalay's parliamentary membership was revoked in the Grand National Assembly of Turkey (TBMM) by reading the strange decision of the Court of Cassation's 3rd Criminal Chamber, not the Istanbul 13th High Criminal Court.

Whether Atalay's parliamentary membership has actually been revoked is debatable; but it is certain that we no longer have a constitution.

If there is no constitution, then the Parliament and other institutions and rules do not exist either.

But everyone continued their duties as if there were a constitution; in fact, the TBMM even elected a member to the Council of Judges and Prosecutors (HSK) one day after ignoring the constitution it swore upon!..

Two days after Atalay's parliamentary membership was revoked on paper last Tuesday, Erdoğan defended Sharia. Not at some private meeting or during personal worship, but at an official state ceremony. In other words, he too violated the "secularism" principle, which is among the "unalterable and unamendable" articles of the Constitution.

It is not a coincidence; it must be the result of the comfort provided by the de facto elimination of the constitution by the Parliament itself!..

Anyway, after discussing it for a few days, we forgot these historical shifts regarding the Republic of Turkey in one week and dived into new agenda topics.

WHAT SHOULD BE DONE WITH THIS CRIMINAL COMPLAINT?

Just like the incident where the Court of Cassation's 3rd Criminal Chamber, a first in our legal history, filed a criminal complaint against the 9 members who voted for Atalay's release.

By the way, what happened to that criminal complaint? Let's refresh our memories.

The Court of Cassation's 3rd Criminal Chamber sent this criminal complaint to the Office of the Chief Public Prosecutor of the Court of Cassation.

After a while, it was reported that the Office of the Chief Public Prosecutor of the Court of Cassation had assigned a prosecutor to the matter, that the prosecutor would conduct a legislative study and present it to Chief Public Prosecutor Bekir Şahin, and that after Şahin's review, he would submit the petition to the Constitutional Court for necessary action.

The state-run Anadolu Agency was the one that reported the news in question. So, it was not trivial information.

In those days, all legal authorities, and even politicians, explained that this criminal complaint had no function. The reason was clear: for an investigation to be opened against the 9 members, 10 judges had to approve it in the 15-member Constitutional Court!..

Let us recall here the comment by 12punto columnist Attorney Ruşen Gültekin; he had said, "The Office of the Chief Public Prosecutor of the Court of Cassation may not send this criminal complaint to the Constitutional Court."

The result?

Unfortunately, Attorney Ruşen Gültekin was wrong; Chief Public Prosecutor of the Court of Cassation Bekir Şahin sent that criminal complaint to the Constitutional Court.

But how, you ask?

By attaching the Court of Cassation's 3rd Criminal Chamber's criminal complaint to a cover letter that simply said "for your information"... In other words, without an indictment or anything requested or envisioned for the necessity of the criminal complaint, the role of a postman was played between the Court of Cassation's 3rd Criminal Chamber and the Constitutional Court.

What happens next?

If the Constitutional Court finds a quorum, it will meet and decide whether or not to put this on its agenda. If it puts it on the agenda and accepts it, it will probably ask the Office of the Chief Public Prosecutor of the Court of Cassation to prepare an indictment against them.

Or President Zühtü Arslan will file this letter from the Office of the Chief Public Prosecutor of the Court of Cassation into the Constitutional Court's archives without seeing any need for action.

What an absurd and cautionary scene for Turkish law, isn't it?!..

SURPRISE CANDIDATE FOR THE PRESIDENCY OF THE COURT OF CASSATION

Speaking of the Court of Cassation; let us report another remarkable development.

As is known, Akarca, who was elected as the Chief Public Prosecutor of the Court of Cassation for two terms by Erdoğan, has been the President of the Court of Cassation since March 24, 2020.

In other words, there is a presidential election in about 2 months. While it is considered certain that Akarca will run again, it is being discussed that another surprise name will also be a candidate.

Who is this surprise name? Muhsin Şentürk, the President of the 3rd Criminal Chamber, which resisted the Constitutional Court's two decisions regarding Can Atalay's release.

According to claims in the Court of Cassation corridors, a group in the Palace wants Şentürk's candidacy.

What is most curious is whether Erdoğan will give up on Mehmet Akarca and support Şentürk.

If Erdoğan also wants Muhsin Şentürk, it is estimated that Akarca will not run and will retire, even though he still has 4 years until the age limit.

In short; the Court of Cassation presidency election will be as important as the appointments Erdoğan will make to replace Constitutional Court President Zühtü Arslan and member Emin Kuz, whose terms will expire in the coming months, and the conquest of the high judiciary will likely be completed.

WHATEVER HE SAID 30 YEARS AGO

Given the meaning and importance of the current course of events, let us end with some of Erdoğan's words at the opening of the Welfare Party's Ümraniye District Organization 30 years ago.

- "It is not possible for someone who says 'I am a Muslim' to come back and also say 'I am also secular.' Why? Because the creator of the Muslim, Allah, is the absolute sovereign. 'Sovereignty belongs unconditionally to the nation' is a huge lie. Sovereignty belongs unconditionally to Allah."

- "They keep saying secularism is slipping away... Well, of course it will slip away once this nation wants it to!!.."

- "They ask, 'Will Turkey become Algeria?' We are coming by making it digestible, with Allah's permission. This film has started to be recognized now. Now the nation is aspiring to change not just the actors, but the script. And these efforts are efforts to change this script."

- "We are coming for that. We cannot be the protector of this order, it is impossible. Those who prepare this law will be the pawns of the removal of this order."