Another move from the MHP front as IMM investigations continue... 'Arrests should be the exception'
Prominent MHP figure Feti Yıldız harshly criticized the portrayal of individuals as guilty before an indictment is written. Yıldız emphasized that arrests should be the exception and that the presumption of innocence cannot be violated.
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As the investigation into the Istanbul Metropolitan Municipality (IBB) continues, notable statements continue to come from the MHP side. The CHP is reacting against the failure to draft indictments for detained mayors and the arrests made based on claims of a "flight risk." MHP Chairman Devlet Bahçeli also demanded the drafting of an indictment in the IBB investigation during his latest group meeting and declared his support for live trials.
"THE PRESUMPTION OF INNOCENCE MUST BE RESPECTED"
Feti Yıldız, MHP Deputy Chairman in charge of Legal and Election Affairs, made a harsh statement regarding accusations made without indictments. Emphasizing the presumption of innocence and the principle of a fair trial, Yıldız said, "Labeling people as guilty before an indictment is written is a violation of the presumption of innocence and is unacceptable." Stating that such practices harm the legal system, Yıldız expressed that guilt can only be determined by court rulings.
HE STATED THAT ARRESTS SHOULD BE THE EXCEPTION
Feti Yıldız also underlined that arrests should be an exception. Yıldız stated, "One of the most fundamental principles of law is that arrest should be applied only as an exceptional situation. Issuing arrest warrants in every case damages the foundations of democracy and the rule of law."
Feti Yıldız shared the following statements on his X account:
"The 'accusatory system' is accepted in criminal proceedings.
We learn the acts, place, time, evidence, legal classification, applicable articles, and measures applied to the suspect or defendants through the indictment.
In criminal procedure, the state's right to punish and the fundamental rights and freedoms of the suspect/defendant are in conflict; it is this conflict that shapes the trial.
Within this framework, certain fundamental procedural principles have been accepted over time.
These principles have emerged as the result of a centuries-old tradition.
The source of these principles is not only the Constitution but also the Criminal Procedure Code (CMK) and the European Convention on Human Rights (ECHR).
We see that while evaluations are being made regarding events for which an indictment has not even been written, sentences of conviction are being passed one after another on television screens.
The provision written in our Constitution,
“No one shall be considered guilty until their guilt is proven by a final judgment,”
is unfortunately ignored even by legal professionals.
I would like to remind you once again;
Like all judicial measures, arrest is temporary in nature.
Unfortunately, it is applied as a preemptive punishment in our country.
Social Media Courts, which are not bound by any moral discipline, harm law and justice."