Former YARSAV President Ömer Faruk Eminağaoğlu assesses the 'judicial crisis': 'The goal is to render the Constitution void...'

Ömer Faruk Eminağaoğlu continues to evaluate the crisis between the Constitutional Court and the Court of Cassation, which has hit Turkey's agenda like a bombshell, and to share his views on the matter with the public via his social media account.

Stating that the goal is to render the country void of a constitution, Eminağaoğlu said, "Once the AKP (+MHP) took the Court of Cassation under its influence, it began attacking the very Constitutional Court it had structured itself, and indeed everything else, 'moreover, through the judiciary itself.'"

Eminağaoğlu shared the following in his post:

"1- With the 2010 Constitutional amendment, all articles in the Constitution regarding the Constitutional Court were changed.

The Constitutional Court was restructured from scratch.

2- In 2016, with the law described as the 'resetting of the Court of Cassation and the Council of State,' the memberships of those in the Court of Cassation who did not hold the status (Court of Cassation president, chamber president, chief prosecutor, deputy chief prosecutor) were terminated.

The Council of Judges and Prosecutors (HSK), which the AKP had structured (with the 2014 HSK elections), restructured the Court of Cassation from top to bottom by electing new members.

(A similar situation occurred in the Council of State)

The Constitutional Court did not find this law to be unconstitutional(!)

3- With the 2017 Constitutional amendment, the structure of the HSK was changed again.

With the HSK elections held in 2017, the AKP (+MHP) determined 13 out of 13 members of the HSK, and with the HSK elections held in 2021, they determined 10 out of 13 members.

This HSK also elected the Court of Cassation members who became vacant after 2017.

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The AKP is portraying this situation merely as a problem between high courts.

The Constitutional Court and the Court of Cassation, which the AKP has razed to the ground, are now facing off...

The issue is not one that can be reduced to such simplicity...

When the Constitutional Court did not annul the law regarding the resetting of the Court of Cassation...

When the Constitutional Court did not shut down the AKP, which conflicts with Article 2 of the Constitution, and instead led to it remaining in power...

When the Constitutional Court moved away from its own reason for existence and issued the decisions the AKP expected 'in the past'...

Now that the AKP (+MHP) has taken the Court of Cassation under its influence, it is attacking the Constitutional Court it structured itself, and indeed everything else, 'moreover, through the judiciary...'

What is the meaning of this situation...

After the AKP, which is the focus of opposition to the secular and democratic Republic...

The judicial bodies are also being instrumentalized and dragged into a position where they are the weapon and focus of lawlessness...

To be rendered void of a constitution...

Using law and democracy as a tool, Erdoğan getting off the tram..."

1- 2010 Anayasa değişikliği ile, AYM ile ilgili Anayasadaki tüm maddelerde değişiklik yapıldı.
AYM yeni baştan yapılandırıldı.

2- 2016'da adı "Yargıtay ve Danıştay'ın sıfırlanması" olarak nitelenen yasa ile Yargıtay'daki (Yargıtay başkanı, daire başkanı, başsavcı, başsavcı…

— Ömer Faruk Eminağaoğlu (@eminagaoglu) November 13, 2023

News Source: 12punto