Statement from Yılmaz Tunç on Can Atalay, Osman Kavala, and Selahattin Demirtaş! According to the Minister, the source of the problem is the Constitution!

Minister of Justice Yılmaz Tunç made statements regarding the current agenda.

Speaking to CNN Türk, Tunç commented on the ECHR rulings concerning Osman Kavala and Selahattin Demirtaş, as well as the legal status of Can Atalay, who has not been released despite the Constitutional Court (AYM) issuing two rulings of rights violations.

"THE ECHR IS APPROACHING POLITICALLY"

Stating that "the ECHR is approaching these cases politically," Tunç argued that "the source of the problem is the Constitution," asserting that the rulings of the Court of Cassation are just as binding as those of the Constitutional Court.

Minister Tunç's statements are as follows:

"The ECHR is approaching these cases politically. It does not evaluate the evidence that led to the verdict from a legal perspective. Our Turkish judiciary has already had the rulings in these cases reviewed by the Court of Cassation.

We have high courts in our Constitution. The Constitutional Court is also counted among the high courts. The areas of duty for all of them are clear. Due to the difference of opinion between the Constitutional Court and the Court of Cassation, some problems have arisen with individual applications following recent amendments to certain articles of our Constitution. The legislature had also included provisions to prevent problems. The Constitution states that, except for flagrant crimes subject to heavy penalties, the detention of deputies is excluded. Atalay's case is one that began before the election. Atalay's case involves crimes against the constitutional order. These crimes are regulated by law. It says, 'Terror crimes are such and such articles.' The Constitutional Court says the crimes in Article 14 of the Constitution are ambiguous, while the Court of Cassation says these crimes are regulated. It says there are already precedents for this. It says you are rendering Articles 83 and 14 inapplicable."

HE SAID 'THE SOURCE OF THE PROBLEM IS THE CONSTITUTION'

"There is a difference between the laws. The parliament can fix this. We are asking our citizens the question: 'Should a terror crime committed before the election be within the scope of immunity or not?' The Constitution says it cannot be. It says you have to write what these crimes are, and the Court of Cassation says they are already there.

Neither of our courts should be worn down. The rulings of the Court of Cassation are as binding as the rulings of the Constitutional Court. Regarding a given ruling, our two courts interpret the constitutional articles differently. The source of the problem is the Constitution. It has been amended 184 times. If you ensure that the rulings given in judicial courts also go to the structure of the Constitutional Court, it would be a super application. There could be a provision for members from the Court of Cassation and the Council of State to examine individual applications coming to the Constitutional Court."

"AMNESTY IS NOT ON THE AGENDA"

Touching upon the subject of amnesty, Tunç said, "There is no such thing on our agenda right now. There is also no work being done regarding a disciplinary amnesty. Claims of unfair trial are subjective claims."

News Source: 12punto