CHP's Deniz Yücel delivers a harsh speech in Parliament regarding the judicial crisis! 'A state of law is not governed by the whims of one man'

The Court of Cassation had refused to comply with the ruling of rights violation issued by the Constitutional Court regarding Deputy Can Atalay and had filed a criminal complaint against the high judicial members who signed the decision. Following these developments, which are being evaluated as a “judicial crisis,” CHP Party Assembly Member and İzmir Deputy Deniz Yücel made legal assessments regarding the decision, which he characterized as a constitutional coup, at the Grand National Assembly of Turkey General Assembly. In his speech from the podium, Yücel said the following:

A STANDOFF IN THE HIGH JUDICIARY…

“For a long time, we have witnessed numerous judicial decisions where justice was trampled upon and the rule of law was ignored at various levels of the judiciary. However, yesterday, for the first time, a situation emerged between high judicial bodies that amounted to a standoff, and even a settling of scores. The Constitutional Court ruled that the rights to “personal liberty and security” and “the right to be elected and engage in political activity” were violated in the case of Can Atalay. The 13th High Criminal Court of Istanbul did not implement the decision of the Constitutional Court, which is final according to Article 153 of the Constitution and binding on the legislative, executive, and judicial organs, administrative authorities, and real and legal persons, and sent the file to the Court of Cassation without any legally valid reason. The 3rd Criminal Chamber of the Court of Cassation, not only did it not recognize the Constitutional Court's decision, but it also filed a criminal complaint against the members of the Constitutional Court who issued the “rights violation” ruling regarding Can Atalay. As a jurist, I say with sadness that this decision by the Court of Cassation will go down in legal history as a black mark. This decision is an insult to the Constitution you see in my hand and to universal legal norms.”

“THE DECISION CONSTITUTES AN ATTEMPTED CONSTITUTIONAL COUP”

Pointing out that the decision taken was not legal but political, Yücel emphasized that the decision is very clearly and obviously an attempted constitutional coup and continued his speech as follows: “This is at the same time a judicial crisis and a violation of the right to legislation. Moreover, the criminal complaint filed by the Court of Cassation by stepping outside the law is a disgrace in every respect. A high court cannot reject the constitutional order. The Court of Cassation's failure to comply with the Constitutional Court's decision cannot be explained legally. If no voice is raised against these actions, if a strong stance is not taken, none of our citizens watching us from their homes will have any trust left in the law and justice, and even more so, they will have no trust in the state. This decision is an attempt to destroy the separation of powers, the rule of law, and the independence of the courts. This decision is an attempt to alter, change, or abolish the Constitution.”

CALL TO THE MINISTER OF JUSTICE: “STAND WITH THE INDEPENDENT JUDICIARY”

Addressing the Minister of Justice by saying, “Those who act irresponsibly and wrongly are those who took this “so-called decision” that caused this chaos and crisis,” Yücel called on Minister Tunç to ‘stand with the constitution, democracy, the Parliament, and the independent judiciary, not the coup plotters.’ Emphasizing that the Council of Judges and Prosecutors (HSK) must take immediate action and initiate proceedings against these individuals who attempted a coup, Yücel concluded his words by saying, “It is the responsibility of all of us to abide by the Constitution and to respect the decisions of the Constitutional Court... If we are to be a state of law, we will respect this Constitution and we will not step outside of universal law. We will once again remind those who attempt to stage a coup against the constitutional order.”