Lawyers gather before the Union of Bar Associations: Erinç Sağkan: The judiciary must untie the knot it has tied itself

Lawyers gathered in front of the Union of Bar Associations due to the crisis between the Court of Cassation and the Constitutional Court. Union of Turkish Bar Associations (TBB) President Erinç Sağkan stated, "The judiciary must untie the knot it has tied itself."

“ARTICLE 2 OF THE CONSTITUTION IS BEING CLEARLY DISREGARDED”

Sağkan said the following in his statement:

“Today is November 10th. We commemorate our founder, Gazi Mustafa Kemal Atatürk, with respect, mercy, and gratitude on the 85th anniversary of his passing. We do not just commemorate him; as lawyers representing the defense, we uphold his legacy. The foundation of the Republic, which Atatürk called his 'greatest legacy,' comes from it being a state of law. Today, unfortunately, we are experiencing a historical process in which the rule of law is being eroded in the most severe way by violating the Constitution. The process we are in is not a matter that we can interpret as a simple difference of judicial opinion. The process we are in is not a futile debate that we can call a conflict between institutions. The process we are in is a process where Article 2 of the Constitution is clearly disregarded, where it is being debated whether we are still a state of law, and where this will be decided. Therefore, we have a historical responsibility, and in order to rightfully fulfill the legacy we have received, we, as lawyers representing the defense in Turkey, are raising our voices and words today. Today at 3 o'clock (15:00), we will be there in Ahlatlıbel with all our colleagues to defend the Constitution, the constitutional order, and the rule of law.

“THE AUTHORITY TO SOLVE THIS PROBLEM IS THE HSK AND THE COURT OF CASSATION”

When asked about the statements of AKP Chairman and President Recep Tayyip Erdoğan supporting the Court of Cassation's decision, Sağkan said:

"We have been saying this from the very first day: The judiciary needs to untie the knot it has tied itself. Rather than the comments and interventions made by the political institution in this sense, the authority to solve this problem is the Council of Judges and Prosecutors (HSK) and the Court of Cassation. We have made our application to the HSK regarding the initiation of a disciplinary investigation against the President and members of the Istanbul 13th High Criminal Court, and we have held our meetings with the Court of Cassation for the Office of the Chief Public Prosecutor of the Court of Cassation to carry the mentioned decision to the General Assembly of Criminal Chambers through an ex officio objection, and we have also made our applications to the High Disciplinary Board of the Court of Cassation regarding the disciplinary process for the members who have their signatures under the decision of the 3rd Criminal Chamber.

We are an institution that defends the independence and impartiality of the judiciary even under the most difficult conditions. For this reason, we believe that rather than political intervention, this problem, which the judiciary is in and has created itself, should be solved through the judiciary's own organs."