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Main opposition Republican People's Party's (CHP) Enis Berberoğlu has become a Member of the Parliament again as the İstanbul 14th Heavy Penal Court, the local court, has abided by the ruling of "right violation" given by the Constitutional Court for the second time.
Accordingly, at the Plenary Session held in Ankara today (February 11), the mandate of the Parliamentary Speaker's Office's about the local court's ruling of "retrial and suspension of the execution" was read out.
After the ruling was read out, Berberoğlu has once again acquired his status as an MP. He will not have to take an oath of office again.
Berberoğlu was stripped of his MP status on June 4, 2020.
Objection to summary of proceedings
On the other side, the judicial proceedings of Enis Berberoğlu are still ongoing. The attorneys of the MP have submitted a petition to the İstanbul 14th Heavy Penal Court, which is currently preparing a summary of proceedings for the retrial. The attorneys have requested that a new summary "complying with due procedure and law" be issued.
Referring to the previous summary of proceedings dated February 9, 2021, the attorneys have noted that the related summary was "arbitrary as it was openly against the fundamental principles of law, the rule of reformatio in peius, due procedure and law and proved that there was hostility towards the client as well as a move away from objectivity."
Accordingly, requesting the return of the previous summary, the attorneys have requested a new summary of proceedings.
What happened?
The Constitutional Court concluded that the rights of main opposition CHP's Enis Berberoğlu were violated in the National Intelligence Organization (MİT) trucks case, where he was put on trial and convicted.
After the local court, the İstanbul 14th Heavy Penal Court, defied this ruling, the top court gave another ruling of right violation.
Upon the request of the İstanbul Chief Public Prosecutor's Office, the local court abided by the ruling of right violation, accepted the request for retrial and halted the proceedings against Enis Berberoğlu.
Having prepared a summary of proceedings with a request for lifting his legislative immunity and putting him on trial again, the same court also sent this summary to the Ministry of Justice. (HA/SD)