President Erdoğan's Chief Advisor Mehmet Uçum: "The Constitutional Court has issued unconstitutional rulings"

Mehmet Uçum, who is also one of the advisors to President and AKP Chairman Recep Tayyip Erdoğan, made the following post on the social media platform X:

“The Constitutional Court persistently fails to recognize the Constitution in its rulings regarding the immunity of convicted members of parliament. It ignores Article 14 of the Constitution. However, Article 83, which concerns immunity, excludes the situations covered in Article 14.

“THE CONSTITUTIONAL COURT IS ISSUING UNCONSTITUTIONAL RULINGS”

Despite this mandatory provision of the Constitution, the Constitutional Court continues to issue rulings that are contrary to the Constitution. It is not the duty of the Constitutional Court to claim that Article 14 of the Constitution is ambiguous. It is the Penal Codes and Criminal Court rulings that provide clarity to Article 14. In addition to the clear provision of the Constitution, the Constitutional Court is also disregarding Penal Codes and judicial precedents. Unfortunately, the rulings issued by the Constitutional Court on this matter are a textbook example of judicial activism.

“THE COURT OF CASSATION'S DECISION IS CORRECT”

In this context, the Court of Cassation's decision not to comply with the Constitutional Court's violation ruling is correct in its reasoning. Whether those who are reacting have actually read the Court of Cassation's decision is another issue.

“ATTACKS ON THE NATIONAL JUDICIARY HAVE CREATED A VERY LARGE ACCUMULATION”

The issue of filing a criminal complaint is a reactionary stance due to the massive accumulation of attacks against the National Judiciary. In a sense, it is saying 'the emperor has no clothes.' Whether this is the right method is open to debate, but its courage is undeniable. The Court of Cassation's decision is also a litmus test; it will become clear who stands with the National Judiciary and who does not. Turkey will defend its National Judiciary to the end against Westernist and neo-liberal judicial approaches; let no one have any doubt about this.”

WHAT HAPPENED?

The 3rd Criminal Chamber of the Court of Cassation had decided not to comply with the ruling for the retrial and release of Can Atalay, a defendant in the Gezi Park trial who was elected as a member of parliament from the Workers' Party of Turkey (TİP), following the violation of rights ruling issued by the Constitutional Court.

The Chamber had decided not to comply with the Constitutional Court's violation ruling regarding Can Atalay, to send a copy of the decision to the Grand National Assembly of Turkey (TBMM) to initiate the procedures for stripping Atalay of his parliamentary seat, and to file a criminal complaint with the Office of the Chief Public Prosecutor of the Court of Cassation against the members of the Constitutional Court who issued the violation ruling.

The Court of Cassation's decision had drawn successive reactions from political parties, including the AKP.

News Source: 12punto