Change at the Constitutional Court: 'It will continue to increase'

Cenk BAŞBOĞAOĞLU 12punto.com.tr  

Former YARSAV President Ömer Faruk Eminağaoğlu spoke to 12punto regarding İrfan Fidan, who was elected as the Deputy President of the Constitutional Court. Eminağaoğlu recalled the dominance the AKP has established in the judiciary and stated that this will continue to increase. 

The term of Constitutional Court (AYM) Deputy President Hasan Tahsin Gökcan ends on March 23. In the election held at the AYM General Assembly in accordance with Article 12 of the Law on the Establishment and Trial Procedures of the Constitutional Court, İrfan Fidan received 8 votes and was elected as the Deputy President of the AYM. 

WHO IS İRFAN FİDAN?

He was elected as a member of the Court of Cassation by the General Assembly of the Council of Judges and Prosecutors (HSK) on October 27, 2020. Subsequently, he was appointed as a member of the AYM by AKP President Recep Tayyip Erdoğan on January 23, 2021. 

Fidan, who presided over cases such as Selam Tevhid and Balyoz, had his deputy presidency announced to the public by the AYM with the following statement: “In accordance with Article 146 of the Constitution of the Republic of Turkey and Article 12 of the Law on the Establishment and Trial Procedures of the Constitutional Court No. 6216 dated 30/3/2011, Mr. İrfan FİDAN has been elected as the Deputy President of the Constitutional Court in the election held on March 10, 2026.” 

‘IT HAS BEEN COMPLETELY DISTANCED FROM ITS INTENDED STRUCTURE’

Former YARSAV President Ömer Faruk Eminağaoğlu spoke to 12punto on the subject. Explaining that the AKP government has diverted the AYM from its founding purpose, Eminağaoğlu said, “While the founding purpose of the Constitutional Court was to protect the supremacy of the Constitution, to be a guarantee for rights and freedoms, and to limit the government, the court has been completely distanced from its founding purpose and the structure it should have with the amendments made to the constitution during the AKP era.

A member election system completely dependent on the government was brought to the Constitutional Court. It was the AKP in power that structured the court in this way. The only thing the AKP, which brought the court to this state, considered in member elections was to elect those it saw as closest to itself as members of the AYM.

Elections made to this court during the AKP era should be evaluated in this way. In this court, deputy presidents and presidents are undoubtedly chosen from among these names.”

‘THE ELIMINATION OF AN INDEPENDENT COURT IDENTITY…’

Continuing his remarks, Eminağaoğlu said, “Since the structure of the court is being interfered with and an independent court identity is being eliminated; and since this structure of the court continues in this way, it must be said that being the ‘closest’ has now become the determining criterion in the elections within the court, that this system has now become established, and that the elections have moved away from their true purpose. 

For this reason, it is necessary to see that the elected deputy presidents and presidents are actually moved into the cadres of the party-state created by the AKP, and naturally, a system has been established where the AKP will not feel uncomfortable regardless of who is elected.”

‘IT WILL CONTINUE TO INCREASE’

Eminağaoğlu stated that the pressure the AKP has created in the judiciary will gradually increase. Eminağaoğlu remarked, “Akın Gürlek becoming Minister of Justice yesterday and İrfan Fidan becoming Deputy President of the AYM today are the most current examples, and such actions will continue to increase in this system.

It is necessary to see that today, coups are not carried out with cannons, tanks, or rifles; but through judicial bodies that have been turned into weapons and whose independence has been destroyed.”

News Source: 12punto