‘Constitutional Court ruling won’t be awaited’ in Gergerlioğlu’s case

* Photo: Anadolu Agency (AA)

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Mustafa Şentop, the Parliamentary Speaker of Turkey, has made a statement about the prison sentence of 2 years, 6 months given to Peoples' Democratic Party (HDP) Kocaeli MP Ömer Faruk Gergerlioğlu.

Sentenced to prison on charge of "propagandazing for a terrorist organization" over a social media message from five years ago, HDP's Gergerlioğlu has recently made an individual application to the Constitutional Court as his prison term has been upheld by the Court of Cassation.

Speaking about the judgement to be handed down by the Constitutional Court within this context, Parliamentary Speaker Mustafa Şentop has said, "The Constitution says that final rulings are binding and what is required by final rulings is done. It is out of the question to wait for the result of the individual application to the Constitutional Court."

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Addressing the reporters, Şentop was asked by one of the journalists, "The final ruling against Gergerlioğlu has been submitted to the Parliament. Most recently, you have said that you will examine the ruling. Have you examined it?" Şentop answered that they would see to it today.

The journalists also reminded Mustafa Şentop that HDP MP Ömer Faruk Gergerlioğlu made an individual application to the Constitutional Court about the final ruling. "Will the Parliament wait for the result of the individual application," the journalists asked Şentop.

In answering this question, Şentop referred to the judicial process of Enis Berberoğlu, who was previously stripped of MP status and briefly arrested as a prison sentence against him was upheld by the Court of Cassation, but regained his legislative immunity as the Constitutional Court found that his rights were violated in the related process.

"We talked about this within the framework of Enis Berberoğlu," said Mustafa Şentop and added the following in brief:

"According to the Constitutional provisions, 'One's status as an MP ends once it is notified to the General Assembly.' Therefore, to the Parliamentary Speaker's Office, there is a final ruling. As there is a criminal case in the related final ruling, the processes in the jurisdiction come up after they are completed in degrees. In other words, the court of first instance is the appeals court; then, as a result of the rulings handed down during the appeals, the ruling becomes final when there remain no domestic remedies.

"In our system, the application to the Constitutional Court is not a way that prevents, stops or eliminates a ruling becoming final. The rulings of the Constitutional Court do not take effect directly; they do not have vertical effect. In that sense, it is not a court within the hierarchy. It affects horizontally. In fact, the Constitutional Court openly ruled that the İstanbul 14th Heavy Penal Court should lift the final ruling as it could not do it itself.

"Therefore, according to the Constitution, final rulings are binding and what is required by them is done. It is out of the question to wait for the result of the individual application to the Constitutional Court. I have learned that Gergerlioğlu made an application for measures, but it has not been accepted by the Constitutional Court." (HA/SD)