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The justification of the request by Bekir Şahin, Chief Public Prosecutor of the Court of Cassation for the suspension of the election funds to the Peoples' Democratic Party (HDP) was revealed.
On January 5, the Constitutional Court had temporarily blocked the Treasury funds belonging to HDP in line with a request from Prosecutor Şahin.
In the 11-page request, the prosecutor alleged that the communication of the party with the outlawed Kurdistan Workers' Party (PKK) still continued during the HDP closure case.
The HDP will submit its defense to the top court within a month. The court will then decide to continue or cancel the suspension of the funds.
HDP was going to get 539 million Turkish lira (29.7 million US dollars) from the Treasury this year. About 179 million lira of the money would be paid until January 10.
"Insufficient condemnation from HDP"
Şahin had made two previous requests for blocking the HDP funds. In his last request, he showed the explosion in Taksim on November 13, 2022, killing 6 people and the attack on a police lodge in Mersin on September 26, 2022, as "new evidence."
Asserting that HDP had not condemned these attacks, Şahin associated "this attitude" with the decision of the European Court of Human Rights (ECtHR) dated 2009 in the case of Spain versus Herri Batusuna, an organization struggling for the independence of the Bask country.
Şahin argued that HDP had "confined itself only with a statement saying that they are sorry" for the explosion on İstiklal Avenue and that the party "did not denounce" the attack on the police lodge in Mezitli, Mersin.
In his application, Şahin said for HDP "the defendant party claiming that they are struggling for a peaceful solution in their plea, is acting against the principles of a democratic society with its actions and discourse both before the opening of this case and afterward, and continuing to threaten social peace explicitly and insistently."
HDP condemned both attacks
HDP Central Executive Board issued a statement on the İstiklal Avenue explosion which said, "We feel great sorrow for the explosion in which 6 citizens have lost their lives and 53 citizens were injured [...] We wish Allah's mercy upon those who lost their lives, wish the injured a quick recovery and extend our condolence to our people."
And HDP Co-Chairpersons had issued a statement on the explosion in Mersin and said, "We denounce the attack in Mersin and we also emphasize that the points in the dark should be clarified."
Şahin repeated his request that "HDP should be closed" and included the Kobani case, the television programs HDP MPs spoke at, and the families in a sit-in action in front of the HDP Diyarbakır party building in his application.
The Constitutional Court had asked the prosecution to give concrete evidence for the allegations. Şahin argued, based on the people sitting in front of the HDP Diyarbakır party building, that "HDP is enrolling members to the organization."
"Prosecutor is not able to provide justification"
Lawyer Serhat Eren, the consultant to the ex-chairperson of HDP responsible for Legal and Human Rights commissions, commented on the justifications of the application of the chief prosecutor to bianet.
Eren said that the prosecutor was concentrating on the Herri Batusana judgment but that he was not able to provide justification."
Eren added, "The Democratic Society Party (DTP) was closed in the past with the same justification but ECtHR judgment in the case related to the dissolution of DTP was that there was a violation."
"The ECtHR identified DTP as "the basic political party in the peaceful resolution of the Kurdish problem" and ruled that "freedom of association" was violated.
"Today the allegations are the same, and the result will also be the same. The ECtHR judgments in all cases related to the political parties the heritage of which we have taken over were that there was a violation. The case against our party today is no different."
HDP closure case
The Court of Cassation launched an inquiry against the Peoples' Democratic Party (HDP) on March 2, 2021, and the Chief Public Prosecutor of the Court of Cassation Bekir Şahin applied to the Constitutional Court on March 17, 2021, demanding the closure of the HDP and many of members banned from politics.
A two-thirds majority, or votes of 10 of the 15 Constitutional Court members, are necessary to close the party or to impose other sanctions on the party, such as wholly or partially depriving it of public aid.
The top court ruling will be submitted to the Court of Cassation Chief Public Prosecutor's Office, which filed the case, and to the related political party, namely the HDP, and the decision will be published in the Official Gazette.
Those who have been imposed a political ban will not be able to be founders, members, executives, or supervisors of any other political party for five years. (RT/PE)
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