Özel's statement on the 'Court of Cassation'

CHP Chairman Özgür Özel attended the Justice Watch organized this evening by the CHP Ankara Provincial Presidency at Ahlatlıbel Park, across from the Constitutional Court.

Özel was accompanied by CHP Youth Branches Chairman Gençosman Killik, CHP Ankara Provincial Chairman Ümit Erkol, and CHP deputies. Making statements during the Justice Watch, Özel said the following:

"This action is an act of solidarity with the justice session held by Republican People's Party deputies under the roof of the Grand National Assembly of Turkey. We find this action very valuable because the coup attempt we are facing today is an action we have started based on the reality that we are facing an injustice and a justice crisis that goes beyond the fact that Can Atalay's parliamentary term could not begin.

"A SOCIAL CONTRACT"

There is a Constitution in this country. Every article of this Constitution regulates something else. Some articles follow and complement each other, but every article regulates something else. This Constitution is a social contract. Societies cannot be states without a common contract. If the social contract has disappeared, it means the state has disappeared. Today, in the Republic of Turkey, first of all, elections were held in accordance with the provisions of the general elections as required by that social contract.

Then, on the third day after the final results of the general elections were announced by the YSK as required by that social contract, the Assembly convened on its own. One of the two principles that make parliaments in the world a parliament of democracy is the principle of convening on its own. If an assembly is convened by the tutelage or call of a king, a sultan, or an authoritarian regime, we cannot call it a democracy assembly. Those assemblies have other names. Democracy assemblies convene on their own after democratic elections.

"THE DOOR WAS LOCKED ON HIM"

We gathered for the oath-taking ceremony. The people of Hatay had given Can Atalay the duty of deputy. We gathered in the hall where he should have been. He is not in the hall because the door was locked on him. The prison door was locked. At the oath-taking ceremony, the oldest member, Mr. Devlet Bahçeli, had the name Can Atalay read out to the youngest member on behalf of the Turkish nation, on behalf of the Parliament of the Republic of Turkey. He was supposed to come and take the oath. They did not release him, he could not do it. Then that Assembly convened. While electing the commission, he was elected to the Human Rights Commission with the votes of 599 out of 600 deputies, unanimously; they still did not release him. That commission, which cannot have a closed door in front of it when it goes to any prison, kept the door closed on its member. Upon this, his lawyers applied to the Constitutional Court behind us in accordance with a provision of the new constitution. The Constitutional Court said, 'There is a violation of rights here.' It notified the Assembly to release him.

It notified the Assembly so that he could be a deputy. We waited for him to come, he did not come. It sent it to the relevant court to release him, but that court resisted the decision. It sent it to the Court of Cassation; the Court of Cassation did something that should not be done and did not recognize the decision of the Constitutional Court. At this exact stage, what the 3rd Criminal Chamber of the Court of Cassation did is not just failing to recognize a decision, because the last paragraph of Article 154 of the Constitution is very clear: 'Constitutional Court decisions are published and are binding for the judiciary, the legislature, and the executive.' If you do not recognize this, you do not recognize the Constitution. Someone else does not recognize the powers of the Court of Cassation, someone else does not recognize the Assembly, someone else does not recognize the President. That is why we started an action of not leaving the Assembly, we started the Justice Session, so that our own existence and the authority we receive from the Constitution are not disregarded by someone.

"FROM NOW ON, I AM DIRECTLY AGAINST A COUP PLOTTER LIKE YOU"

Last week, while our Ankara Provincial Chairman was going with an activity, he said to me, 'Mr. Chairman, we want to show solidarity with the action in the Assembly. For this, we want to light a fire of justice, gather around it, draw public attention, and support the struggle in the Assembly, the struggle to defend the Constitution in the Assembly.' I care about this for this reason. From now on, I invite our organizations in our 81 provinces and 973 districts, non-governmental organizations, professional organizations, and all initiatives across Turkey to protect the Constitution and support the session in the Assembly, but I invite them to protect the Constitution, to protect all institutions that derive their authority from the Constitution, and to stand by the Constitution and the Republic against a coup attempt, whether it be around the fire they will light, through human chains they will form, or through different forms of action they will reveal with the creativity of the youth, not only Republican People's Party members, but opponents; not only opponents, but all citizens of the Republic of Turkey who respect the Constitution. Because the evil mind in front of us was in a coup attempt.

At first, we said to the Speaker of the Assembly, 'Let's convene,' and he said, 'Okay.' We said, 'Let the AK Party come, the MHP come, the HDP come, the IYI Party come, the Saadet come, let all the parties in the Assembly come and protect our own Assembly.' The President was abroad. The AKP Chairman was abroad. Just like on the night of the July 15 coup, how some people watched the course of the coup, if it had won they would have joined the coup, and when it lost they stood on this side. With a very similar attitude, we saw that the Chairman of the Justice and Development Party had taken the lead of the coup plotters. Since you are on the side of the coup, we are on the side of democracy. Tayyip Erdoğan, from now on, I am directly against a coup plotter like you.

"WE WILL RESIST THE COUP ATTEMPT TO THE END"

Young people, to protect your future. Women, to protect your rights, especially the right to vote and be elected, especially inheritance law, to protect your rights against a group that currently has four deputies but is part of the People's Alliance that wants to see you as property and own you, to protect women's right to life, to protect the right to inheritance, to protect all rights of women coming from all laws, to protect the right to alimony, we need our Constitution. I invite the laborers, the retirees, everyone in this country to protect the Constitution and to grow the action and the struggle with creative actions and solidarity actions. We will resist to the end against Recep Tayyip Erdoğan's attempt to suspend the Constitution, and against the coup attempt of the Court of Cassation, which he has instrumentalized, which supports him, and which has become his puppet. We invite everyone to resist."

"WE ARE FACING A COUP ATTEMPT"

CHP Ankara Provincial Chairman Ümit Erkol also spoke as follows:

"We are facing a coup attempt against the Constitution. Constitutions are texts that ensure the unity and integrity of a country and ensure that it lives together in peace. Our parliament did its duty, assigned its deputy, and determined the place of duty. The Constitutional Court made a decision. It determined that there was a violation and that the deputy's place was the Assembly. Now the duty is with the Speaker of the Assembly; the Speaker of the Assembly must ensure that the deputy starts his duty in the Assembly by remaining within constitutional limits as soon as possible. Again, the High Council of Judges and Prosecutors must do its duty regarding the judges serving in the relevant chambers of the Court of Cassation who have signed another violation of rights. It must invite them to remain within constitutional limits. The President should also not forget that this Constitution will be needed by everyone. We demand that the country be governed within constitutional limits as soon as possible. We want this lawless situation to end as soon as possible."