Can Atalay crisis in the judiciary: CHP MP Umut Akdoğan: The conflict between alliance partners has been exposed

Ercan KÜÇÜK - 12punto.com.tr

As the country heads toward local elections, debates stemming from the general elections held on May 14 continue. The Constitutional Court's (AYM) ruling on the violation of rights regarding Workers' Party of Turkey (TİP) Hatay MP Can Atalay was rejected by the Court of Cassation, which stated it had 'no legal value.'

Meanwhile, debates over bribery in the judiciary continue. CHP Ankara MP and Constitutional Committee member Attorney Umut Akdoğan evaluated the crisis between judicial institutions, bribery allegations, and the candidate selection processes within the CHP for 12punto.

Umut Akdoğan stated that there was no finalized conviction against Can Atalay when he became a candidate, which is why he was able to run. Akdoğan assessed the crisis between the Court of Cassation and the AYM as a “conflict within the People's Alliance.” Akdoğan explained his predictions regarding Atalay and the course of the process with the following words:

‘THERE WAS NO FINALIZED DECISION REGARDING ATALAY'

"This process should undoubtedly result in Can Atalay returning to his parliamentary duties. Because there is a situation like this: I gathered my documents and was able to become a parliamentary candidate. There were no obstacles. Can Atalay also gathered his documents and was able to become a parliamentary candidate. Later, I entered the election. I received the votes of the voters in Ankara and became an MP; Can Atalay also entered the election. He received the votes of the voters in Hatay and became an MP.

Then I came, and because there was no finalized conviction against me, no finalized court decision, I took my oath in parliament and began legislative activities. There was no finalized court decision against Can Atalay either. But he could not begin. Therefore, we became candidates under the same conditions. We won under the same conditions. We were in the same legal situation when we were elected, but while I and the remaining 599 MPs came to take up our duties, Can Atalay could not. Therefore, what should happen is undoubtedly for him to return to his duties as soon as possible.

Secondly, this matter has revealed a fundamental issue. It has revealed how the components of the People's Alliance treat each other within the judiciary, how they view each other, and how they conflict with one another. These are elements related to the main articles in the constitution concerning fundamental rights and freedoms, specifically the right to vote and be elected. The pushing and shoving of the alliance partners, or the internal conflict and friction of the sects and communities that claim to support the AK Party, should not be allowed to put us in a difficult position in the eyes of the Turkish public and the international community. Since this is also a major illegality, it affects our economy. It affects investor behavior and the transformation of capital. Therefore, this decision should be evaluated not only in the context of law, democracy, and freedom but also in an economic context. That is just as important as the other.

Decisions like this, or conflicts between judicial bodies, have a share in the empty lunchboxes of children. It is necessary to save Turkey from this shame."

MERIT IS THE SOLUTION TO THE CRISIS IN THE JUDICIARY

Bribery allegations in the judiciary have been reflected in the public eye. News reports on the subject have appeared in the media. Constant publication bans are being issued, and journalists are being arrested. How can these debates and conflicts in the judiciary be resolved? Even those who have served in the judiciary for years say, 'It cannot be fixed in 30 years.' How can it be fixed?

"It can be fixed with merit. It cannot be fixed without merit. There is a political power that will not be reformed by words. By this, I mean: their mindset will not change. It will be fixed through elections. Until they leave office, until they leave their government duties, until they vacate the palace; through elections, through votes, through the ballot box—let me underline this.

These things will not be fixed with their mindset. Because if they were to be fixed, they would have been fixed over the last 21 years. It is clear that they will not act on the basis of merit. Therefore, our solution is again the ballot box, again elections, again votes; these will be it."

THIS TIME, THE PEOPLE'S ALLIANCE

Another ballot box is coming before the voters on March 31. The AK Party has announced its candidates for Ankara and Istanbul. You entered the 2019 local elections as an alliance. This time, there doesn't seem to be an alliance. Can the metropolitan municipalities in Ankara and Istanbul be won again?

"They are entering with an alliance this time too."

Who are they forming an alliance with?

"A grassroots alliance, a ballot box alliance, a people's alliance—whatever you call it, they will enter with such an alliance. This is a local election. In local elections, political parties act together with the voters of political parties close to them, and the bases of political parties act together with the political bases of parties close to them. Everyone has a mind, an opinion, and free thought. If a party receives 1%, 3%, 5%, or 10% of the vote somewhere, no one wants to waste their vote. This could also be in favor of the CHP. CHP voters can also act this way. If we made a mistake somewhere, if we nominated the wrong candidate, if we were in a position where we couldn't win, they could do the same thing. This issue has cost Turkey since 2014. In 2014, a campaign called 'Don't make a fuss, just vote' had started. Remember, like 'Vote for the MHP in Manisa, Adana, and Mersin, and vote for the CHP in Ankara, Istanbul, and İzmir'? Since then, our voters have adopted this behavior.

Things work with this behavior. If the AK Party could have found a proper candidate for itself, it wouldn't have had to go back to the Turgut Altınok of the 1990s and nominate him here. Since they went back to that, well, good luck."

Özgür Özel and his administration came to power saying 'Change.' Will the CHP be able to field candidates who are suitable for change and have support in society? In Eskişehir, Yılmaz Büyükerşen served successfully as mayor for years. On the other hand, when the demand for change arose, Yılmaz Büyükerşen's name also became a subject of debate. Will the CHP be able to field candidates suitable for change in this election?

"Change does not mean this: that everyone who has engaged in politics before must go, and brand-new names must come in their place.

Change means 'names that the citizen has not approved for duty should go. Names that the citizen has approved for duty should come.' Therefore, if a change regarding any name is to be discussed, one must first look at that person's approval rating. There are very experienced names who have served for many years. One of them is Yılmaz Hoca. Our professor has been fulfilling this duty since 1999. He has certainly trained names who could manage the Eskişehir Metropolitan Municipality in his place. If our headquarters' decision is in this direction, those names will emerge through public opinion polls and research by our delegations going to the field to assess organizational tendencies.

Therefore, it is not about 'let's clean out everyone who has engaged in politics before. Let's bring in brand-new names. Let's ignore the past and write a new story.' Change means 'let's act in accordance with the citizen's approval of duty.' The CHP congress was like that. The candidates determined until now were determined that way. The candidates to be determined from now on will also be determined that way."

There are claims that Mr. Ekrem İmamoğlu is imposing candidates on the headquarters and acting like a second headquarters.

"It is all a lie. I can say one thing very clearly. Mr. Ekrem has not made a single suggestion to our chairman regarding any metropolitan, provincial, district, or town municipality outside of Istanbul. And he has a statement that he will not.

Just as I, as an Ankara MP, can express opinions about Ankara's district municipalities and the Ankara Metropolitan Municipality, of course, Mr. İmamoğlu can express opinions about the 39 districts within the borders of the Istanbul Metropolitan Municipality. In fact, he can express more than I can. Because he managed the IMM for 5 years. He knows the 39 districts very well. This is a law of comradeship. It is perfectly normal for our chairman to take ideas and opinions from Mr. İmamoğlu regarding these places, and even to nominate the candidates he suggests, within the law of comradeship.

Let me underline this. He has not made a suggestion for a single place outside of Istanbul. There have been suggestions in Istanbul. He knows these places very well. These are for the benefit of our party. These also come to the party assembly and are voted on there. If the PA approves, it passes; if it doesn't, it doesn't. Our chairman is not the sole decision-maker here either. We have a 60-person PA. It comes to the PA; if it passes, they become a candidate; if it doesn't, they don't. These are very normal things. Neither does Mr. Ekrem have such an ambition or desire, nor does the headquarters have such an attitude.

These are completely artificial, meaningless agendas. They became so petty as to write that I was involved in a discussion at the headquarters on days when I was out of the city for 19 hours."

THE EFFECTS OF THE 2ND DECLARATION AGAINST TERRORISM ON CITIZENS

After 12 martyrs were lost in recent weeks, a declaration against terrorism was signed in parliament upon the motion of the IYI Party. The Republican People's Party did not sign it. This was debated in the public eye, as you know. Later, the CHP published a second declaration. So, do you think the CHP was able to explain the second declaration sufficiently?

"We were able to explain it, but if censorship was applied through the press and media outlets, through these mass communication tools, then it didn't happen. But if you notice, that debate lasted 2-3 days. Then it closed. This means we were able to explain it."

THE POSSIBILITY OF FORMER CHP MEMBERS RETURNING TO THE FOLD

Muharrem İnce said regarding joining the CHP, 'Let's have a one-on-one meeting with Mr. Özgür first.' Is there a possibility that Muharrem İnce or names who have served in the CHP for years will return to the CHP?

"I was not in the delegation that met. I don't know how likely they are to return. But if you ask, 'Do you want them to return?' I would say yes."

News Source: Ercan Küçük