Criminal complaint by Constitutional Court against HDP
* Photo: HDP
Click to read the article in Turkish / Kurdish
The Constitutional Court has ruled that a criminal complaint shall be filed against the Peoples' Democratic Party (HDP) as the party accepted donation from a person who was not a citizen of Turkey.
The final account audits (financial audits) of 25 political parties from 2015 to 2018 were published on the Official Gazette today (June 29).
Having conducted audits in the accounts of the HDP in 2015, the Constitutional Court has detected a donation received from a person who was not a citizen of Turkey and ruled that a criminal complaint shall be filed against the party officials at Ankara Chief Public Prosecutor's Office.
The Constitutional Court previously requested explanation from the party regarding a donation, the donator of which was not indicated.
Amid HDP's concerns about the Law on Banking and the Law on Protection of Personal Data, the Constitutional Court requested the information from the bank where the donation was deposited.
In the letter sent to the Constitutional Court by the bank, it has been understood that the donation was made by a person named Nicholas Verdos. The letter has indicated that he sent 4 thousand 500 Australia Dollars (AUD), around 9 thousand lira, to the HDP's account on May 4, 2015.
The Court asked the Directorate General of Civil Registration and Citizenship Affairs whether the person was a citizen of Turkey or not. Sending a letter to the Court, the Directorate has indicated that he is not.
Accordingly, referring to the Law on Political Parties, the Court has said that political parties are not entitled to receive any aid either in cash or in kind or donations from foreign governments, international organizations and real persons or legal entities that are not of Turkish citizenship.
It has also noted that the amount in question shall be registered as revenue of the Treasury, not as an asset of the party.
As per the Articles 66 and 116 of the Law on Political Parties, the Court has ruled that a criminal complaint shall be filed against the party officials by appealing to the Ankara Chief Public Prosecutor's Office.
Having ruled that the donation as well as a 20 thousand lira expense shall be registered as revenue of the Treasury, the Constitutional Court has found the audit accurate, balanced and lawful except for the donation.
What does the Law on Political Parties say?
Article 66/3 of the Law on Political Parties: Political parties shall not be entitled to receive any aid either in cash or in kind or donations from foreign governments, international organizations and real persons or legal entities that are not of Turkish citizenship.
Article 75/4: At the end of the audit, the Constitutional Court shall decide whether the revenues and expenditures of the party are accurate and lawful; in case of unlawful revenues or expenditures the Court shall pass a decision for such amounts to be registered as revenue of the Treasury.
Article 116: A party representative or candidate or nominated candidate who accepts any aid or donation from foreign governments, international organizations and real persons or legal entities that are not of Turkish citizenship shall be sentenced to imprisonment from one to three years. (HA/SD)