Ümit Özdağ harshly criticizes the criminal complaint filed by the Court of Cassation

The decision by the Constitutional Court (AYM) to release Can Atalay, who was elected as a TİP deputy for Hatay in the May 14 general elections, had not been recognized by the Court of Cassation.

Stating that the Constitutional Court violated the Constitution and exceeded its authority, the 3rd Criminal Chamber of the Court of Cassation also filed a criminal complaint against the members of the Constitutional Court who issued the violation ruling regarding Atalay.

ÜMİT ÖZDAĞ REACTED

Criticizing the filing of a criminal complaint against Constitutional Court members via his social media account, Özdağ stated that the situation is contrary to the fundamental principles of law.

Ümit Özdağ expressed his reaction with the following words:

Turkey is experiencing a STATE CRISIS: The 3rd Criminal Chamber of the Court of Cassation has filed a criminal complaint against the members of the High Court who issued the violation ruling, claiming that the Constitutional Court violated the Constitution with its decision regarding Şerafettin Can ATALAY.

The same Chamber, ignoring the Constitutional Court's decision, sent its own ruling to the Grand National Assembly of Turkey (T.B.M.M.) to be implemented for the stripping of ATALAY's parliamentary membership. 

Firstly; every Turkish citizen has the 'Right to Individual Application' to the Constitutional Court on issues such as the violation of fundamental rights and freedoms and the principle of a fair trial. According to the last paragraph of Article 153 of our Constitution, “The decisions of the Constitutional Court shall be published immediately in the Official Gazette and shall bind the legislative, executive, and judicial organs, administrative authorities, and natural and legal persons.”

In this respect, the fact that the 3rd Criminal Chamber of the Court of Cassation does not recognize the Constitutional Court's decision and sends its own ruling to the High Criminal Court is a clear violation of the Constitution.

Additionally; filing a criminal complaint only against the members of the High Court who issued the violation ruling is contrary to the general principles of law and judicial independence.

In this form, the aforementioned criminal complaint is completely outside the law. The Chief Public Prosecutor's Office of the Court of Cassation should return the file immediately without processing it. Otherwise, the path to filing criminal complaints against every violation ruling within the scope of the freedom to seek justice will be opened.

In conclusion; with the criminal complaint it has filed, the 3rd Criminal Chamber has not recognized the Constitutional Court, has violated Şerafettin Can ATALAY's right to a fair trial within the scope of the freedom to seek justice, and has thus exercised the judicial authority entrusted to them in a manner contrary to the Constitution and the fundamental principles of law. There is a serious state crisis at hand.

For the resolution of this crisis, it is necessary for every authority to respect the law within the scope of the principle of separation of powers and for the Constitutional Court's decision to be taken as the basis.

The defense of our Constitution is given as a duty to all citizens in the Preamble. The Zafer Party considers it a duty to remind all political parties, bar associations, universities, and our citizens who respect the constitutional order of their duty to defend our Constitution. 

News Source: 12punto

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