Turkey has been experiencing a crisis between two supreme courts, the Constitutional Court (AYM) and the Court of Cassation for some time as the high courts clash over jailed MP Can Atalay.
Following AYM's decision stating that there was a violation for Can Atalay, a Gezi Park case convict elected to the Parliament in May elections, regarding his right to be elected and his rights to personal freedom and security, the 3rd Penal Chamber of the Court of Cassation issued on November 8 a decision not to comply with the Constitutional Court's violation ruling, which required immediate release; and also filed a criminal complaint against the nine members who signed the decision.
The Chief Public Prosecutor's Office of the Court of Cassation has today (November 21) assigned a prosecutor to the criminal complaint against 9 members of the AYM.
The prosecutor will conduct legal research and present the findings to Chief Public Prosecutor Bekir Şahin. Following Chief Public Prosecutor Şahin's review, it is expected that, in accordance with the legislation, the petition will be submitted to the Constitutional Court.
Law on establishment of the Constitutional Court will be implemented
According to the report by Anadolu Agency, the Office of the Chief Public Prosecutor of the Court of Cassation will implement the procedure outlined in Article 16 of the Law on the Establishment and Procedures of the Constitutional Court, which regulates the "examination and investigation of the President and members."
Article 16 of the law stipulates that the initiation of an investigation into offenses arising from the duties of the President and members is subject to the decision of the General Assembly of the AYM.
Accordingly, it is necessary to discuss in the General Assembly of the Constitutional Court whether an investigation should be initiated regarding the members for whom a decision to file a criminal complaint has been made. However, the member or members subject to proceedings cannot attend the discussion.
Required quorum cannot be achieved
The General Assembly of the Constitutional Court consists of 15 members, including the president and two vice-presidents.
The violation decision regarding Can Atalay was taken by the majority vote of 9 members of the Constitutional Court. Five members voted against the majority opinion, and one member did not participate in the General Assembly on the decision day, citing an excuse.
The General Assembly needs to convene with at least 10 members, including the President or Vice President. The decisions of the General Assembly are made by a simple majority.
However, Can Atalay's violation decision, which has led to criminal complaints against the judges who signed it, involves nine judges. Therefore, when they are excluded, the required quorum for a meeting cannot be achieved in the General Assembly of the Constitutional Court.
Turkey faces judicial crisis as high courts clash over jailed MP
(RT/PE)
