TBB President Erinç Sağkan evaluates the Constitutional Court crisis: 'The decision has turned into a state crisis!'

Union of Turkish Bar Associations (TBB) President Erinç Sağkan evaluated the Court of Cassation 3rd Criminal Chamber's filing of a criminal complaint against members of the Constitutional Court (AYM) and its refusal to recognize the court's ruling.

Speaking on Sözcü TV, Sağkan said regarding the Court of Cassation's decision, "The decision has turned into a state crisis!"

Sağkan's statements are as follows:

"THERE IS AN ATTACK ON THE CONSTITUTION AND THE RULE OF LAW"

The Court of Cassation has no authority to make any decision regarding this file. After the Constitutional Court ruled that the right to engage in political activity had been violated, it also stated how this violation of rights should be remedied.

The Istanbul 13th High Criminal Court initiated the start of this problematic process by sending the file to the Court of Cassation. It is contrary to procedure for the Court of Cassation to examine the content of the file when it should have issued a decision to return it to the court of first instance. It is written in the style of a press release, using words that amount to condemning the members of the Constitutional Court, expressing that judicial activism is being carried out, and containing statements that they are being threatened; these are expressions we are not accustomed to. I do not think these were written out of absent-mindedness or by mistake. The target is the members of the Constitutional Court. There is an attack on the Constitution and the rule of law through the Constitutional Court's decision. I believe the decision should be read in this way.

"IT HAS REACHED THE AUDACITY TO FILE A CRIMINAL COMPLAINT"

The President and members of the Constitutional Court are not exempt from the judiciary. The decision of the Court of Cassation 3rd Criminal Chamber is procedurally incorrect. If you are filing a complaint against the president and members of the Constitutional Court for a crime involving a flagrant offense requiring a heavy penalty, you should not send this complaint to the Chief Public Prosecutor's Office of the Court of Cassation, but to the Ankara Chief Public Prosecutor's Office. If it falls within the scope of an official crime, you must forward it directly to the Constitutional Court along with the notification. The reason it was forwarded to the Chief Public Prosecutor's Office of the Court of Cassation is to have it forwarded to the Constitutional Court so that the General Assembly of the Constitutional Court can initiate an investigation. The General Assembly convenes with the President plus 10 members. Here, we are talking about the 9 members who signed the Can Atalay decision. They do not have the chance to gather a majority. However, there is a method. A conclusion is reached by evaluating each member individually, not collectively. The problem is that the Court of Cassation has reached a point of audacity where it files a criminal complaint by accusing the members of the Constitutional Court of not recognizing the Constitution due to a decision they made.

"WE WILL FILE OUR APPLICATION WITHIN THE DAY"

This decision has moved beyond a judicial crisis and turned into a state crisis. Because there is a paragraph in the decision that also accuses the Grand National Assembly of Turkey (TBMM) of not implementing the Court of Cassation's decision, which is unconstitutional. There is clearly an act of rebellion. It is not a matter that can be reduced to a simple crisis. Naturally, the TBB will also do what is necessary. We have made our preparations. First of all, we will file our necessary application within the day to the Court of Cassation's High Disciplinary Board for disciplinary action to be taken, calling for those who signed the decision in the relevant chamber to be removed from their duties.

News Source: 12punto