Constitutional Court issues statement on the first 4 articles of the Constitution

Constitutional Court President Kadir Özkaya held a press briefing in Ankara at a hotel regarding individual applications. Özkaya answered questions from journalists following the meeting.

Regarding the debates on the first 4 articles of the Constitution and Parliament Speaker Numan Kurtulmuş's interpretation of Article 3 of the Constitution, Özkaya said, "It is outside our jurisdiction. It is not possible for me to say anything on this matter."

“REVIEW IS ONGOING”

Regarding the closure case against the HDP, Özkaya said, "The file is currently with the rapporteur, and the review on the merits is ongoing. The HDP case differs from previous closure cases due to the nature of its indictment. The delay in the process stems primarily from this. There are numerous files within the scope of the indictment that have been transferred to judicial authorities. Their number is also very high. There are more than 900 cases within the scope of the indictment. I say this with sincerity: as the Constitutional Court, the only reason for the delay of the HDP case in the context of public expectations and criticism is the nature of the indictment and the ongoing judicial process within it. Technical work is continuing." Özkaya stated that there is a request for a political ban on 451 HDP members.

Regarding MHP Chairman Devlet Bahçeli's statement that "The Constitutional Court should either be closed or restructured," Özkaya said, "When we respond to these issues, we inevitably enter into a debate. In this respect, as the Constitutional Court, we continue on our path with our decisions."

CAN ATALAY DECISION

When asked by a journalist, "Are the individual decisions of the Constitutional Court binding?" Özkaya replied, "The Constitutional Court has stated this view through its decisions. We do not see a need to debate this. The answer to this question was clearly given in our latest decision regarding Can Atalay. The entire academic community is in agreement on this matter. Contrary interpretations can be considered as isolated opinions."

Regarding the Can Atalay debate between the Constitutional Court and the Court of Cassation, Özkaya said, "I do not find it appropriate for two high judicial institutions to debate each other and each other's views in the public eye."

When reminded of "the Court of Cassation's Can Atalay decision and the criminal complaint against Constitutional Court members," Özkaya said, "The court has said what it had to say regarding Can Atalay." When asked, "Have you taken any initiative regarding the resolution of the crisis?" Özkaya replied, "We cannot say that we are standing by without doing anything. We are not going to talk about what we are doing here."

Özkaya was reminded that a 3rd application had been made to the Constitutional Court regarding Can Atalay and that there were also individual applications to the Constitutional Court against the convictions in the Gezi Park case, and was asked when they would be put on the agenda. Özkaya said, "When the files in the section are ready, the panel will examine and evaluate them. I cannot give a calendar, but I don't think it will take too long."

Constitutional Court President Özkaya spoke as follows regarding the case filed for the cancellation and stay of execution of some provisions of the law containing provisions regarding stray animals: "Our rapporteur colleague has presented his initial review of the file regarding stray animals to the panel. The issue of the stay of execution was discussed. Our panel acted within that framework, as it has applied before. The merits have been moved to, and the file will be completed. We will put it on the agenda as soon as possible without delay and reach a decision."

News Source: 12punto