New debate after absolute nullity: Critical process for summaries of proceedings concerning CHP deputies

While debates over absolute nullity continue within the CHP, immunity files remain among the prominent topics on the political agenda.

According to a report by the pro-government newspaper Türkiye Gazetesi, it has been alleged that the administration of Kemal Kılıçdaroğlu, which was brought to the chairmanship by a court decision, has adopted the view that, as part of a "purification" process to be carried out within the party, certain deputies should both be expelled from the party and have their immunity lifted to face trial.

It is stated that the number of files sent to the TBMM, including the summaries of proceedings prepared against CHP Chairman Özgür Özel and several CHP deputies, is approaching 60. It was reported that, in addition to Özel, summaries of proceedings prepared against Malatya Deputy Veli Ağbaba, Ankara Deputy Umut Akdoğan, Istanbul Deputy Suat Özçağdaş, Group Deputy Chairman Ali Mahir Başarır, and Antalya deputies Mustafa Erdem and Cavit Arı have also reached Parliament.

ALL EYES ON PARLIAMENT FOR SUMMARIES OF PROCEEDINGS

The final decision on whether these files will be processed is considered to depend on the approach of the ruling parties. It is noted that there is no finalized decision within the AKP on the matter, and that views favoring the continuation of current practices are coming to the fore.

However, it is also stated that a different stance could emerge following evaluations to be made within the AKP and MHP.

If a political will forms toward lifting parliamentary immunity, the process will begin in the Joint Commission composed of members of the Constitutional and Justice Commissions. After the commission completes its review, the files will be moved to the agenda of the TBMM General Assembly.

If an absolute majority is achieved in the vote to be held in the General Assembly, immunity can be lifted. However, a decision to lift immunity will only pave the way for prosecution regarding the specific accusation contained in the relevant summary of proceedings.

If a final conviction is reached as a result of the trial, it may be possible for the parliamentary seat to be vacated upon the reading of the decision in the TBMM General Assembly.

HOW IS THE PROCESS REGULATED IN THE CONSTITUTION?

Article 83 of the Constitution grants legislative immunity to deputies. However, cases of flagrante delicto requiring heavy penalties or certain investigations initiated before being elected as a deputy can be excluded from this protection.

In other cases, the TBMM must lift immunity for a deputy to be tried. The summary of proceedings is first submitted to the Speaker of Parliament and then referred to the Joint Constitutional and Justice Commission. Following the evaluation in the commission, the file comes to the agenda of the General Assembly.

Each summary of proceedings is handled and put to a vote separately. Immunity can be lifted if more than half of the deputies participating in the vote in the General Assembly cast a vote in favor. This decision does not directly terminate the parliamentary seat; it only allows the judicial process to begin regarding the relevant file.