Istanbul Bar Association takes action!
The Istanbul Bar Association will file a criminal complaint against the members of the 3rd Criminal Chamber of the Court of Cassation, who themselves filed a criminal complaint against members of the Constitutional Court.
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The 3rd Criminal Chamber of the Court of Cassation ruled yesterday against complying with the Constitutional Court's decision regarding TİP Hatay MP Can Atalay, which stated that his rights to "the right to be elected" and "personal liberty and security" had been violated. The Chamber filed a criminal complaint against the Constitutional Court members who voted in favor of the violation ruling, accusing them of engaging in "judicial activism." The Chamber also sent the decision to the Speaker of the Grand National Assembly of Turkey (TBMM) for the revocation of Atalay's parliamentary seat.
The Istanbul Bar Association stated that they would file a criminal complaint against the Court of Cassation members due to this action, which has been described by legal experts as a "judicial coup."
The statement issued by the Istanbul Bar Association included the following:
"We Will Not Allow a Judicial Coup!
The decision taken today by the 3rd Criminal Chamber of the Court of Cassation is contrary to the provisions (Art. 153/6) which clearly state, without leaving any room for debate, that Constitutional Court decisions are binding on the legislative, executive, and judicial organs, administrative authorities, and real and legal persons; it constitutes a judicial coup.
This decision, which represents an attempt to replace the existing legal system with a judicial coup and ignores the Constitutional Court's ruling, is also contrary to Article 11 of the Constitution, which establishes that the provisions of the Constitution are fundamental legal rules binding on the legislative, executive, and judicial organs, administrative authorities, and other institutions and persons.
As the Istanbul Bar Association, just as we previously filed a criminal complaint with the Council of Judges and Prosecutors (HSK) against the President of the Istanbul 13th High Criminal Court for clearly committing a crime, a criminal complaint will be filed with the Board of Presidents of the Court of Cassation to initiate the necessary criminal investigation against the members of the 3rd Criminal Chamber of the Court of Cassation.
In an environment where the judiciary itself does not recognize and ignores the mandatory rules of the Constitution, it is certain that one cannot speak of a state of law, nor will any of our citizens feel secure. The Istanbul Bar Association will take all necessary initiatives to ensure that the requirements of the state of law are met, starting with judicial authorities.
In this context, as the Istanbul Bar Association, we invite our colleagues to sign via Baronet (which will be active tomorrow) until 14.11.2023 at 11:00 to join the criminal complaint against the members of the 3rd Criminal Chamber of the Court of Cassation; and we invite them to the Çağlayan Courthouse on Tuesday, 14.11.2023, at 12:00 for a press statement regarding respect for the law and the criminal complaint to be filed."