New move from the Chief Public Prosecutor's Office following the IMM indictment: Notification filed regarding CHP

In the notification prepared by the Istanbul Chief Public Prosecutor's Office and sent to the Supreme Court of Appeals Chief Public Prosecutor's Office, reference was made to Articles 68 and 69 of the Constitution, which concern the activities of political parties and the processes for their dissolution.

It was learned that the notification in question includes findings alleged to affect the reliability of elections and the democratic order.

CAME AFTER THE IMM INDICTMENT

It was noted that the notification to the Supreme Court of Appeals was sent immediately following the Istanbul Metropolitan Municipality (IMM) indictment, which was completed on Tuesday, November 11, and caused widespread public reaction.

It was stated that the notification was based on findings in the investigation file conducted into the IMM.

CHIEF PUBLIC PROSECUTOR'S OFFICE: "NO REQUEST FOR DISSOLUTION"

Following the development's reflection in the press, a second statement was made by the Istanbul Chief Public Prosecutor's Office regarding the matter.

In the statement, it was recalled that the initial notification was based on articles concerning the dissolution of political parties, yet it was emphasized that there was no request for any such dissolution.

The statement from the Chief Public Prosecutor's Office said, "As stated in some media outlets, there is no request for the dissolution of the party."

ARTICLE 68

Citizens have the right to form political parties, to join them in accordance with the established procedure, and to withdraw from them. To be a party member, one must have reached the age of eighteen.

Political parties are indispensable elements of democratic political life.

Political parties are formed without prior permission and carry out their activities within the provisions of the Constitution and the law.

The statutes, programs, and actions of political parties cannot be contrary to the independence of the State, its indivisible integrity with its territory and nation, human rights, the principles of equality and the rule of law, national sovereignty, or the principles of the democratic and secular Republic; they cannot aim to advocate or establish a dictatorship of a class or group or any other type of dictatorship; they cannot encourage the commission of crimes.

Judges and prosecutors, members of high judicial organs including the Court of Accounts, civil servants in public institutions and organizations, other public officials who do not have the status of workers in terms of the services they perform, members of the Armed Forces, and students before higher education cannot be members of political parties.

The membership of higher education personnel in political parties can only be regulated by law. The law cannot permit these personnel to take on party duties other than those in the central organs of political parties and determines the principles that higher education personnel who are party members must follow in higher education institutions.

The principles regarding the ability of higher education students to be members of political parties are regulated by law.

The State provides sufficient and fair financial assistance to political parties. The principles to which the assistance to be provided to parties, the membership dues they will receive, and donations are subject are regulated by law.

ARTICLE 69

The activities, internal regulations, and work of political parties must be in accordance with democratic principles. The implementation of these principles is regulated by law.

Political parties cannot engage in commercial activities.

The income and expenditures of political parties must be in accordance with their objectives. The implementation of this rule is regulated by law. The determination of the compliance of the acquisition of assets and the income and expenditures of political parties with the law by the Constitutional Court, the methods of auditing this matter, and the sanctions to be applied in case of non-compliance are shown in the law. The Constitutional Court receives assistance from the Court of Accounts while performing this audit duty. The decisions made by the Constitutional Court at the end of this audit are final.

The dissolution of political parties is decided definitively by the Constitutional Court upon a case filed by the Chief Public Prosecutor of the Supreme Court of Appeals.

If the statute and program of a political party are found to be contrary to the provisions of the fourth paragraph of Article 68, a decision for permanent dissolution is rendered.

A decision for the permanent dissolution of a political party due to its actions contrary to the provisions of the fourth paragraph of Article 68 is rendered only if the Constitutional Court determines that it has become a center for the commission of such acts. (Additional sentence: 3/10/2001-4709/25 art.) A political party is considered to have become a center for such acts if these acts are committed intensively by the members of that party and this situation is implicitly or explicitly adopted by the party's grand congress, chairman, central decision or management organs, or the group general assembly or group executive board in the Grand National Assembly of Turkey, or if these acts are committed directly by the aforementioned party organs with determination.

(Additional paragraph: 3/10/2001-4709/25 art.) Instead of permanent dissolution according to the above paragraphs, the Constitutional Court may decide to deprive the relevant political party of State assistance, partially or entirely, depending on the gravity of the acts subject to the case.

A permanently dissolved party cannot be established under another name.

Members, including founders, who cause the permanent dissolution of a political party through their statements or activities cannot be founders, members, managers, or auditors of another party for a period of five years starting from the publication of the Constitutional Court's final decision regarding permanent dissolution in the Official Gazette with its reasoning.

Political parties that receive financial assistance from foreign states, international organizations, and natural or legal persons who are not of Turkish nationality are permanently dissolved.

(Amended paragraph: 3/10/2001-4709/25 art.) The establishment, activities, auditing, and dissolution of political parties, or their deprivation of State assistance partially or entirely, as well as the election expenditures and procedures of political parties and candidates, are regulated by law within the framework of the above principles.

News Source: 12punto