AYM Chief Judge: Our Decisions Bind Everyone and Every Institute

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President of the Constitutional Court (AYM), Zühtü Arslan in his speech in “Promoting System of Individual Application to the Constitutional Court”, has expressed that AYM’s decisions are binding for everyone and every institute.

Arslan stating court decisions can and even should be criticized and that is how jurisdiction develops, has said, “Even though those remembering our existence due to our decisions change, we have always been here and will always be”.

Some headlines of Arslan’s speech are as follows:

“Human rights, democracy, law state…”

“Individual application is one of the most vital subjects of Turkey.

“Three base rules the Constitutional Court which we have founded depend on are democracy, supremacy of law, and human rights.

“In the second article of our constitution, human rights, democracy and law state are counted among the unchangeable features of Republic of Turkey.

“Departing from the determination of the Constitutional Court, law state can be defined in a way that people are subject of the political power, political authority is restricted in order to protect basic right and liberties, and legal rules bind governors as much as the governed”.

“AYM is not authority of appeal”

“The Constitutional Court does not function as an authority of appeal in individual application. It doesn’t approve nor reverse a judgement, or makes decisions replacing the court.

“The Constitutional Court has determined that a decision regarding the arrest has caused some violation of the constitution, but that doesn’t mean any decision was made on whether the applicant has committed the crime he is being accused of”.

“AYM decisions bind everyone”

“As in other countries, some evaluations, discussions are being made over individual application decisions in our country. I’d like to say something about them as well. What I have to say is completely on principal level.

“AYM’s decisions bind everyone, every institute.

“Almost every political matter discussed turns into a legal matter sooner or later, and it comes before the AYM via individual application sooner or later.

“Decisions should be criticized”

“Some of these decisions cause intense disputes. It should right away be noted that judges are not holy beings. Thus, court decisions can be criticized, moreover they should be.

“Otherwise, law cannot develop. For this reason, we respect every criticism but I reject news and comments qualify to be lie and slander against me and our members by generating imaginary dialogues showing as our court rules by instructions”.

“Acclaimers change opinion in one day”

“Some like our verdicts, and some don’t. Moreover, those who applaud today may damn it another day.

“In fact, sometimes same people applaud some of the decision but call them ‘scandalous’ before a day passes.

“Even though those remembering our existence due to our decisions change, we have always been here and will always be”. (EKN/TK)