Judicial crisis grows: Özgür Özel reacts to Erdoğan, calls on Numan Kurtulmuş

The CHP has launched a sit-in protest in the Grand National Assembly of Turkey (TBMM) General Assembly, following the decision by the 3rd Criminal Chamber of the Court of Cassation to file a criminal complaint against members of the Constitutional Court (AYM) who ruled that the rights of imprisoned Gezi detainee and MP Can Atalay had been violated.

CHP Chairman Özgür Özel joined a live broadcast on Fox TV from the TBMM General Assembly hall on the second day of the Justice Watch.

Reacting to AKP Chairman and President Recep Tayyip Erdoğan for targeting the Constitutional Court and giving full support to the Court of Cassation, Özgür Özel said, "Tayyip Erdoğan has thrown the Constitution, which was written for him, to the ground and is trampling on it."

HE ADDRESSED NUMAN KURTULMUŞ AND THE AKP GROUP

Addressing Parliament Speaker Numan Kurtulmuş, Özgür Özel said, "We are telling the uncomfortable members within the AKP, 'Mr. Numan should resist, we are behind Mr. Numan. The AK Party group should resist.' We are ready to provide the most serious support to those within the AK Party group who abide by the Constitution, who respect the rule of law, who will resist the judicial coup, and who object to the state crisis, without offending them at all, because we have taken an oath on this."

Özel said the following during the broadcast:

"When we read it, I said the first time I saw it that this was more of a challenge than a Court of Cassation Criminal Chamber decision, it was 'officially a coup declaration,' and I am still of the same opinion. Similar situations have occurred before. But I think this is the most serious of them all. There is a conflict at the top of the state between two high judicial bodies. There is a judicial crisis. Even the high judges who should know the law and the Constitution best are knowingly denying what they read and the oath they took, and are disregarding an article of the Constitution.

The relevant article of the Constitution says, 'Constitutional Court decisions are binding on the executive, legislative, and judicial branches. All of them must comply with this.' But they say, 'It is such a bad decision that it does not need to be followed. The Constitutional Court threatened us,' and they mention the name of the Constitutional Court alongside terrorist organizations. Then they say to the Constitutional Court, 'Action must be taken.' They are filing a criminal complaint against the members of the Constitutional Court. The legal side of the matter is, of course, completely empty. It was a very strange statement that could not be explained by ignorance, nor even by bad intentions.

"THE TEAM OF RECEP TAYYİP ERDOĞAN WROTE IT"

But the main dimension of the statement was to ignore some people, and it was clear that they were instructed from somewhere. Today it emerged that Recep Tayyip Erdoğan's team wrote it. There is a clique within the AKP and a structure that sees itself above everything, bigger than the state. It is clear that this structure is attempting a coup. Coups suspend the Constitution. The majority has made this decision. Today it happens and is accepted by 99 percent, tomorrow it happens and is accepted by 51 percent... But you say, 'The majority has made this decision, we will abide by it.' If some decide not to abide by it, they call it a coup attempt. A coup is not always carried out with tanks, cannons, and rifles. This time, something like this happened: regarding the binding nature of the Constitutional Court's decisions, they said, 'In our opinion, that article is void.' If some can accept a part of the Constitution as void, others can accept another part as well.

Why are we resisting this coup in Parliament? Because of the article on the 'formation of the National Assembly,' the article on 'MP elections,' and the article on the 'duties of the Assembly.' If someone else says, 'I do not accept that article either,' the Assembly ceases to exist. Today, accepting that the binding nature of Constitutional Court decisions has disappeared means that tomorrow, when they say 'The Assembly has ceased to exist, it is null and void,' you will not be able to find an answer. If Recep Tayyip Erdoğan had not been involved in this gang, in this coup attempt—he confessed today—this coup attempt would also eliminate the legitimacy of Tayyip Erdoğan, because if you consider Article 154 void now, tomorrow someone else will consider the article on the President's powers and responsibilities void. In other words, you are disregarding the place from which you derive power, the foundation on which you stand. Otherwise, no one gave Recep Tayyip Erdoğan so much power just because he is his late mother's child. These are not powers given to Tenzile Erdoğan. This is not the authority to govern the state by lineage. Recep Tayyip Erdoğan is not a sultan. An election was held; despite all the injustice, inequality, lawlessness, and illegitimacy before, during, and after it, Recep Tayyip Erdoğan currently holds a certificate of election, and he received that certificate as a result of the election and is performing his duty. If the article on the presidential election in the Constitution disappears, they will not let him sit there.

"RECEP TAYYİP ERDOĞAN HIMSELF IS INVOLVED IN THE COUP ATTEMPT"

But we later understood that Recep Tayyip Erdoğan himself is involved in this coup attempt, and therefore, if this coup attempt succeeds, whether the Assembly is lost or the law is lost is a separate matter, but it is clear that Recep Tayyip Erdoğan no longer has any tolerance for even the Constitutional Court, which he almost entirely appointed, and will not even remain bound by this 'Erdoğan Constitution,' which was made for him and changed during the State of Emergency (OHAL) amidst all the controversy.

We saw this and immediately called our group to an extraordinary meeting. Before that, we held a meeting with the High Disciplinary Board and our party's lawyer MPs for an hour, and then we moved to a closed group meeting. A total of nearly 35 of our friends expressed their opinions in 2 and a half hours, and we all united within this framework. My first comment was that it was a coup attempt, but our lawyer friends made very enriching contributions, and it appears that: We are facing a text that lectures Numan Kurtulmuş. It says, 'Why didn't you have it read, why did you keep it waiting?' Whereas it was Şentop who kept it waiting. Cemil Çiçek was waiting, and Ahmet Necdet Sezer was waiting. Secondly, it is lecturing the Assembly. It says, 'The nation can elect an MP, but if we don't release them, we won't let them perform their duty.' Three, it says, 'We will take any of you, lock you up, and no one can take you from our hands.' Through the people of Hatay, it is saying this to the Turkish nation: 'My brother, it is not that easy, you cannot decide who will represent you. We are the final authority.' When that happens, this is a coup attempt in every respect.

One must resist this. Those who resist will resist; those who do not will not be able to find a constitutional ground for themselves from now on. That is why we are doing something unprecedented. We thought and pondered where to start. This is not an end; this action will continue until a second decision, but it is not the only action. We were already invited by Erinç Sağkan to the march that the Bar Association will hold today with its members. I said that I would participate and that everyone should support it. As we have always promised, we will be in a position that does not shy away from the streets and squares and engages in all kinds of activism. The CHP will not approach this issue by remaining silent, brushing it off, or accepting it. The decision we have made right now is: Let's go to Numan Kurtulmuş, let him gather the parties, let the Assembly intervene in this matter. He accepted it at first, then I don't know under whose influence, he gave up. He even sent a message saying, 'Let Mr. Özgür excuse me this time.' I said today at Anıtkabir that I was surprised, but in the closed group meeting we held, we had decided, 'We will do this, we will do this. If we cannot get results from these, let's start a sit-in protest in the Assembly.' We are in that action, we are staying on a twenty-four-hour basis. We are staying here as many MPs as will form the group. The Democrat Party came to support. HEDEP came to support. The IYI Party came to support, the Workers' Party of Turkey came. The EMEP came. We are receiving visits. From now on, we might think of very different variations, but our group is carrying out a sit-in protest in the Assembly with great motivation. This action is both to draw attention to Turkey, to gather the world's eyes on Turkey, there is a coup attempt in Turkey trying to suspend the Constitution. Now Recep Tayyip Erdoğan goes out, visits countries, and says, 'For example, you were the first country to make a statement against the coup on the night of the coup, thank you.' So, let no one think like this here: if there is a coup attempt in a country, it is extremely legitimate for countries that are in favor of democracy to draw attention to this issue. Tayyip Erdoğan voices this the most: 'I have not forgotten Albania's stance on the night of the coup. Hungary's place on the night of the coup is different. The message from Turkmenistan on the night of the coup is valuable.' In the process ahead, we will explain what is being attempted both in Turkey and in the world, the square is not empty, let them know this. He flew a bit high on the plane today. When he landed, his feet touched the ground a little. I found the written text a bit more careful, but he shouldn't think the square is that empty. I am warning him once again.

Article 153 ends as follows: 'Constitutional Court decisions are published immediately in the Official Gazette and bind the legislative, executive, and judicial organs, administrative authorities, and real and legal persons.' Therefore, there is no doubt here. This is very clear, as I said, whoever disregards one article disregards all of them or disregards any other article. If he is throwing the ball to the Assembly, there is something like this. If something more needs to be written about the fact that Constitutional Court decisions cannot be resisted, then... You know, in its decisions, the Constitutional Court also describes how the unconstitutionality will be remedied or how the emerging deprivation of rights or the emerging problem will be resolved. If it needs to be written that 'it is implemented in a short time, it is implemented within seven days at the latest, it is implemented rapidly even if it is judicial recess,' let's write it, but it is very clear that there is no need for such a thing. The Constitutional Court is an extremely modern and increasingly developed court that was written by the CHP in 1959, put into the Declaration of First Goals, later entered the Constitution, and keeps the constitutional order under guarantee all over the world, and is a mechanism of return against the possibility of those who obtain a majority in the legislative branch violating the Constitution. If you want to open the Constitutional Court to debate, we are not there. Recep Tayyip Erdoğan has already appointed almost all of the members of the Constitutional Court. There are members among them who, without reading a page of a decision at the Court of Cassation... For example, why does a part of the Constitutional Court come from the Court of Cassation? He took it through a ruse so that there would be Court of Cassation oversight. On April 16, 2017, when we made the constitutional amendment that threatened the regime, we made the Constitution according to Erdoğan, while constitutions are made according to everyone born. You made it according to Erdoğan, right? For example, a garment tailored for Erdoğan that day, if he has lost weight, it is loose today, or if Erdoğan has gained some weight, it is tight, it is a bit worn out. Why? It was tailored for an individual. Whereas constitutions are timeless texts. They even mature over time, they strengthen over time. They strengthen as they are applied. It happened this way because you made a regulation specific to an individual. Many segments of society have complaints about this Constitution, but if it were applied exactly as it is in this state, many problems would be solved, while our important problems stem from the non-application of the Constitution.

"ERDOĞAN HAS THROWN THE CONSTITUTION, WHICH WAS WRITTEN FOR HIM, TO THE GROUND"

I voted 'no' to this Constitution, Tayyip Erdoğan and his friends voted 'yes.' This Constitution passed by a narrow margin under State of Emergency conditions. I am abiding by this Constitution, Tayyip Erdoğan has thrown the Constitution, which was written for him, to the ground and is trampling on it. It means the issue is lawlessness, it means the issue is a lack of agreement with constitutional logic. Because the Constitution distributes powers, shares them, and envisions checks and balances. Erdoğan wants to use unlimited power.

Therefore, Turkey needs to be pulled back to the boundaries of the law as soon as possible, pulled back to constitutional boundaries. If they say, 'Let's sit down and make a Constitution,' we are certainly not in a Constitution that will further strengthen the one-man regime. We will resist this judicial coup, but we know that a very significant number of friends within the AKP are uncomfortable with this situation. You know it too, they tweeted. Look, the tweets that were sent are not even a tenth of those that were written and saved in drafts, do you know? A world of tweets is waiting in the drafts, but they are afraid of a person who, as an authoritarian leader, imposes strict group discipline, who from time to time puts mayors who do not listen to him out the door by calling it 'metal fatigue,' and who takes the chairman elected by his party with full votes and puts him out the door while holding the identity of an impartial President, and makes Binali Yıldırım the chairman.

They are afraid for their families, they are afraid for their future... But right now, the AKP group has been split down the middle like a watermelon. It is not 50 percent, but they themselves express that it is not below 25 to 75. We came out of a congress last week that was very tough, head-to-head, and completed the first round at 51 to 49. We competed, we raced, but right now 130 MPs are defending the Constitution together. My friends are keeping watch together. I have three Group Deputy Chairmen right now. Two of my Group Deputy Chairmen were on the side of change last week, one was against change, but today they organized the watches together. They are keeping watch together on a twenty-four-hour basis. Because the issue is a matter of the country. It is not a party matter. The government cannot see this, and we are telling the uncomfortable friends within the AKP, 'Mr. Numan should resist, we are behind Mr. Numan. The AK Party group should resist.' We are ready to provide the most serious support to those within the AK Party group who abide by the Constitution, who respect the rule of law, who will resist the judicial coup, and who object to the state crisis, without offending them at all, because we have taken an oath on this. It is not clear who will be alive tomorrow, but whether we will let a Constitution we have taken an oath on be trampled upon by the instruction of a single man... This Constitution takes its color from the flag, it means independence. You become President, MP, or a high judicial member by taking an oath on this Constitution. Who are you to disregard the articles of this Constitution? Let them never think the square is empty. I am saying this very seriously, this matter is not as simple as they think.

(Regarding the question of whether it is desired to facilitate the lifting of parliamentary immunity in the Constitutional Court – Court of Cassation debate) If the text of the Constitution is to be changed as, 'immediate implementation of Constitutional Court decisions,' then okay. Those who support the Court of Cassation's stance today... And the example case is parliamentary immunity... Last time, the CHP Group, not as a whole, I am also one of the 122 MPs who voted 'no.' A historical mistake had been made. My stance on this issue has been clear throughout my life. Today as well... Whatever the AKP's intention may be, against everything that is contrary to the Constitution, that goes around the Constitution, that will bypass constitutional processes by accelerating them and erode democracy, especially parliamentary immunity; Özgür Özel and the entire CHP Group will resist with all their beings, with all their strength, and with all their physicality... But there is a game here. We will not fall for this game. We are extremely sensitive and careful about this issue.

"THE SCHOOL OF THOUGHT NUMAN KURTULMUŞ COMES FROM IS THE ONE THAT REACTED TO THIS DECISION"

(Regarding the question about Numan Kurtulmuş's stance) I believe in the possibility that Numan Kurtulmuş will do something different, I think he should. The school of thought he comes from is the one that reacted to this decision. You can even see what Numan Kurtulmuş feels by looking at the reaction given by Abdülhamit Gül. We also know which movement the movement represented by Mr. Numan is, what this corresponds to in the judiciary, and who these 'Pelicans' are trying to purge. The uncomfortable mass within the AK Party does not have a side that is at odds with Mr. Numan... I would not want to attribute it to the Parliament Speaker, but a day before there was an attempt by the judiciary to dominate the legislature, it is possible that an annulment decision may have emerged as a result of the executive's domination of the legislature in our Advisory Board as well.

News Source: 12punto