Minister of Justice: Constitutional Decision is Usurpation of Authority

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Minister of Justice Bekir Bozdağ has remarked on the Constitutional Court’s (AYM) reasoned decision on case of Cumhuriyet daily’s Editor in Chief Can Dündar and its Ankara representative Erdem as “The decision is certainly an examination of evidences, the Constitutional Court replaces the court of first instance and makes an examination in substance. The Constitution does not accord the Constitutional Court such a right”.   

In his statement made on the Judges’ and Chief Prosecutors’ Pre-professional and Professional Training Workshop in İzmir, Minister Bozdağ has noted that the decision of the court had been an usurpation of authority and added:

“When the decision is analysed, we can clearly see that the Constitutional Court has crossed the line drawn by the Constitution, the Constitutional Court had not acted as a court examining the application but like a court subrogating the court of first instance”.

“ [...] This decision is an evaluation of evidences and an evaluation in substance as well. The court of first instance has not taken action yet [...] it has not evaluated the evidences yet, maybe it will rule release maybe imprisonment, we can’t know. And maybe Supreme Court of Appeal will revoke or approve the decision. It cannot evaluate the case without inspection of the primary court.

“Constitutional Court has taken it over, evaluated evidence, and ruled on substantial before the court laid hands on the case. It is struggling, writhing to correct its mistake but this effort hasn’t sufficed to explain it. Their own verdict demonstrates how they violate substantiality, law and constitution ”.

AYM had announced its justified decision as to Dündar and Gül yesterday. Following the announcement, President Recep Tayyip Erdoğan said, “I’ve heard that they pronounced 33-page justified decision. I believe they have difficulty in explaining the justification”. (EA/DG)