Justice Minister Yılmaz Tunç comments on Constitutional Court's Can Atalay ruling

Following the revocation of Gezi prisoner Can Atalay's parliamentary seat, the application filed by the Republican People's Party (CHP) and Atalay's lawyers to the Constitutional Court (AYM) requesting that the revocation be deemed null and void has been concluded.

The High Court ruled that there was "no need to issue a decision" in both applications.

Justice Minister Yılmaz Tunç was asked about the Constitutional Court's decision.

Pointing out that the Constitutional Court has not yet published its reasoned decision regarding the ruling, Minister Tunç stated, "Can Atalay's parliamentary seat was revoked due to a final judgment. We have not yet seen the Constitutional Court's reasoned decision, but a dismissal decision due to lack of jurisdiction should have been issued here. Because there is a clear provision in the Constitution. If the Constitutional Court's decision in this direction is due to the discussion of the final judgment read in Parliament, this is not correct. The final judgment was read in Parliament."

'THE SOLUTION TO THE PROBLEM IS A CONSTITUTIONAL AMENDMENT'

Stating that the Constitutional Court's rulings on rights violations are regulated in Article 50 of the Law on the Establishment and Rules of Procedure of the Constitutional Court with the phrases "It decides on a retrial and rules on what is to be done," Minister Tunç said, "Here, the scope of duty of the judicial courts and the procedure for removing a final judgment is a matter that can only be possible through a retrial. Therefore, this problem can be eliminated with amendments to be made to Article 50 of the Law on the Establishment and Rules of Procedure of the Constitutional Court and Article 311 of the Criminal Procedure Code. This discretion, of course, lies with the Grand National Assembly of Turkey (TBMM)."

8TH JUDICIAL PACKAGE STATEMENT

Minister Tunç was also asked about the 8th judicial package. Stating that the package will come to the TBMM next week, Minister Tunç said that the package contains important regulations regarding the acceleration of the judiciary, the expansion of legal remedies, and the protection of personal data.

Minister Tunç said the following:

"There are important studies in the Criminal Procedure Code aimed at eliminating the perception of impunity. We hope that these will also be evaluated after the election. Currently, a 42-article legislative proposal, for which discussions have been completed in the Justice Commission, will be discussed in the General Assembly."

News Source: 12punto