The pot is boiling in Ankara! What decision did the Court of Cassation Chief Public Prosecutor's Office make regarding the Constitutional Court members?
12punto columnist and journalist Müyesser Yıldız reports on the behind-the-scenes of the judicial crisis that began when the Court of Cassation refused to comply with the Constitutional Court's (AYM) ruling on the violation of rights regarding TİP MP Can Atalay and filed a criminal complaint against the AYM members. Yıldız announced the developments by saying, 'The pot is boiling in Ankara!'
Müyesser Yıldız
It is being discussed that there are new developments in the battle between the Constitutional Court and the Court of Cassation, which the opposition describes as a “state crisis” and Erdoğan as a “fight”.
What surprised everyone the most in this crisis was that the 3rd Criminal Chamber of the Court of Cassation filed a criminal complaint with the Court of Cassation Chief Public Prosecutor's Office against the 9 members of the AYM who ruled in favor of Can Atalay.
This was a first in judicial history.
Furthermore, since the authorization for the investigation would have to be granted by the AYM General Assembly itself, and it requires at least 10 people to convene for this, it was essentially an “unexecutable investigation.”
When asked how the process would proceed after this decision by the 3rd Criminal Chamber of the Court of Cassation, Court of Cassation Chief Public Prosecutor Bekir Şahin only said: “The document has just arrived. We will look into it. We cannot say anything clear yet.”
According to allegations, the Court of Cassation Chief Public Prosecutor's Office has determined its roadmap on this issue.
In judicial circles, it has begun to be discussed that the Chief Public Prosecutor's Office will issue a decision of “lack of jurisdiction” regarding the criminal complaint in question and send the file to the Ankara Chief Public Prosecutor's Office for Terror Crimes.
Right in the middle of these allegations, another remarkable development occurred.
Ankara Chief Public Prosecutor Ahmet Akça has gone on leave for a week for now. Following this development, comments were made that Akça went on leave out of concern that the responsibility for the matter was being left to him.
WHY ARE 9 MEMBERS BEING TARGETED INSTEAD OF 14?
Let us also report the behind-the-scenes information regarding the latest situation on the Constitutional Court front.
First of all; no criminal complaint will be filed against Yeni Şafak and A Haber, which targeted the 9 members who ruled in favor of Can Atalay with their photos and the headline “They opened the door to FETÖ and the PKK.”
Secondly; there will be no statement or action regarding the decision and criminal complaint of the 3rd Criminal Chamber of the Court of Cassation; all of this will be responded to with a decision to be taken if there is a new application by Can Atalay, just as in the Enis Berberoğlu case.
There is also a question on the AYM front that is looking for an answer.
As is known, in the decision of the 3rd Criminal Chamber of the Court of Cassation, it was argued that the AYM did not have the authority to handle Can Atalay's application.
Since this is the main justification, it is being questioned why the criminal complaint was filed against the 9 members who ruled for a “violation of rights” rather than the 14 members who unanimously found the application “admissible.”