Would closing the Constitutional Court extinguish the fire in the country and save Gaza too?

The country didn't have enough problems already, and now we have a brand new Constitutional Court-Court of Cassation war crisis.

Let's look at our tragicomic situation with the main headlines.

Yesterday, two statements from Erdoğan hit the agenda one after another.

The first was his response to a question regarding the crisis, posed by one of the journalists accompanying him on his return from Uzbekistan, using the magnificent phrasing: “While we are in Uzbekistan, a debate is ongoing in Turkey, Mr. President. I am sure you have been following it... I would also like to make a small reminder. Perhaps you haven't been able to follow it completely.”

“First of all, I suppose no one can deny that the Court of Cassation is a high court. Unfortunately, the Constitutional Court has reached a point where it makes many mistakes one after another. This saddens us deeply. As of now, the decision taken by the Court of Cassation can never be cast aside or pushed away. Against the decision of the Constitutional Court, the Court of Cassation has now said, 'If you are a high court, I am also a high court, and as a high court, I am now demanding a sanction regarding you.' It is awaiting the fulfillment of this demand and is requesting it from the authority that will carry out the requirement of this demand.”

In short, he sided with the Court of Cassation.

Meanwhile, he did not neglect to warn his colleagues in the party who criticized the Court of Cassation, saying: “If some friends from my party are criticizing the Court of Cassation here and praising the Constitutional Court, they are also making a mistake. We must act with the understanding of one for all and all for one. There is no point in trying to look charming to some people here.”

This is the latest example of how much those who claim to have brought democracy to the country have actually internalized it!..

First He Chose His Side, Then He Became the Referee

Let us move on to Erdoğan's second statement yesterday. At the Atatürk commemoration ceremony, he spoke as follows this time:

“Article 104 of the Constitution, in addition to making us the head of the executive as President, also gives us the duty of ensuring the regular and harmonious functioning of state organs in our capacity as head of state. Therefore, we are not a party in this debate, but in the position of a referee.”

He then linked the issue to a new constitution and revealed his goal.

As a result, what has happened?

The head of state first chose his side, then put on the referee's jersey!..

Isn't the result of this match already obvious?!

Partisanship was not limited to the “national referee” Erdoğan. One of the executives of his partner outside the ruling camp also commanded, “We will either close the Constitutional Court or restructure it.”

Excuse me, but who are you; will you also share in the political responsibility? If so, go ahead, get out on the field, that is, become a partner in power!..

Why Did You Elect a Member Who Has Never Entered the Doors of the Court of Cassation?

The ruling wing and even the Court of Cassation cannot stop praising the Court of Cassation while they bash the Constitutional Court.

They say the final authority is the Court of Cassation... They say the Constitutional Court makes wrong decisions...

My dear, the final authority is neither the Court of Cassation nor the Constitutional Court. It is the ECHR, thanks to the constitutional amendment made during the AKP government itself. Ultimately, all decisions go there. We are all aware of the results with which the decisions they call "very fair" return.

The Court of Cassation is good, the Constitutional Court is bad, is that so? Let us just recall two events.

When retired admirals made the statement, "Let the Montreux Convention be upheld, let no new cult structures be allowed in the TSK," and a lawsuit was filed against them, what kind of stance did this highest authority take?

"Coup, memorandum, tutelage" After making these statements, he said, 'Judicial institutions, which exercise their judicial authority independently and impartially on behalf of the Turkish nation against any intervention directed at the security of the Republic of Turkey, its constitutional and democratic order, and individual rights and freedoms, will assess and fulfill the requirements within the framework of the law.'

In other words, he most likely signaled his opinion on this case, which will come before him.

And what should we say about the Court of Cassation electing a member to the Constitutional Court who was appointed here but never stepped foot inside the institution and never reviewed a single file?!

Is the 3rd Criminal Chamber greater than the Constitutional Court?

Let us also calculate the mathematical breakdown of the Can Atalay decision, which has officially turned into a state crisis.

The decision was made by the 5-member 3rd Criminal Chamber of the Court of Cassation.

Meanwhile, 9 members of the 15-member Constitutional Court opposed it.

Based on this, it is argued that the Court of Cassation's decision is valid and superior to that of the Constitutional Court.

The Court of Cassation has 12 criminal chambers and 12 civil chambers.

Setting aside the clear provisions of the Constitution, if the decision in question had been made by the General Assembly of the Court of Cassation, perhaps we could accept it!..

But in this current picture; Isn't it effectively saying, “The 3rd Criminal Chamber is superior to the General Assembly of the Constitutional Court”?!

Like the Targeting at the Council of State

Another very important point: as is known, the 3rd Criminal Chamber decided to file a criminal complaint against the 9 members of the Constitutional Court who ruled in favor of Can Atalay.

This country experienced a very tragic event on May 17, 2006, do you remember?

A lawyer named Alparslan Arslan carried out an armed attack on the 2nd Chamber of the Council of State and killed one of its members, Mustafa Yücel Özbilgin.

What had happened before that? Following a ruling regarding the headscarf, pro-government media published the names and photographs of the Chamber's members, effectively marking them as targets.

Go ahead and look at a report in the pro-government media again today. Accompanied by photographs of Constitutional Court President Zühtü Arslan and 8 members, the headline “They opened the door to FETÖ and the PKK” was used.

Isn't this also a form of marking someone as a target?

Furthermore, yesterday, an AKP official who went to Anıtkabir for the November 10 commemoration said to Constitutional Court President Zühtü Arslan, “Long live the 3rd Chamber of the Court of Cassation!” didn't he declare that he wanted to shout this?

If he thinks this, what wouldn't some fanatics do?!

Is the nation asking you for a new Constitution?

One final note:

The term of Constitutional Court President Zühtü Arslan ends in a few months. The government will choose whoever it wants anyway, those who make unpopular decisions will be reduced to a minority, or perhaps none will remain at all.

Given this situation, what is this panic, what is this rush?

But your concern is “The conquest or dissolution of the Constitutional Court” Since it is understood that it is not that, but rather a new constitution, let us ask:

While the country has turned into a scene of fire from the economy to education, from justice to foreign policy, is a new constitution what the nation expects? No, the nation has no such agenda. If so, whose demand is this really, and who is behind it?!