The Istanbul Bar Association has filed a criminal complaint against the President and members of the 3rd Criminal Chamber of the Court of Cassation for failing to implement Constitutional Court (AYM) rulings.
Istanbul Bar Association President Filiz Saraç filed the criminal complaint with the First Presidency Board of the Court of Cassation, alleging that the President and members of the 3rd Criminal Chamber committed the crimes of "damaging public trust in the judiciary," "misconduct in office," and "deprivation of liberty."
The criminal complaint petition included the following statements:
“The 3rd Criminal Chamber of the Court of Cassation, instead of returning the file to the Istanbul 13th High Criminal Court—which is the authorized body for retrial as specified in the Constitutional Court's decision—issued a ruling of 'NON-COMPLIANCE' with a Constitutional Court decision, a concept that has no place in the Turkish legal system. Despite the clear provision in Article 153/6 of the Constitution, which states that 'Constitutional Court decisions shall be published immediately in the Official Gazette and shall bind the legislative, executive, and judicial organs, administrative authorities, and natural and legal persons,' the 3rd Criminal Chamber's issuance of this ruling constitutes misconduct in office under Article 257 of the Turkish Penal Code (TCK) and the crime of deprivation of liberty under Article 109 of the TCK."
COMPLAINT ALSO FILED WITH THE COUNCIL OF JUDGES AND PROSECUTORS (HSK)
The criminal complaint petition submitted by Istanbul Bar Association President Filiz Saraç to the First Presidency Board of the Court of Cassation against the President and members of the 3rd Criminal Chamber was also forwarded to the High Disciplinary Board of the Court of Cassation and the Presidency of the Council of Judges and Prosecutors (HSK) for evaluation and action regarding disciplinary proceedings.
News Source: 12punto
