Condemnatıon from 15 bar associations to HDP decision

2023-01-06 16:54:13


	 

	NEWS CENTER - 15 bar associations condemning the blocking of the treasury aid made by the Constitutional Court to the HDP upon the request of the Chief Prosecutor's Office of the Supreme Court of Appeals, drew attention to the fact that the decision means interference in the elections.

	The bar association of 15 cities in Kurdistan reacted with a written statement to the blockade of the treasury aid made by the Constitutional Court (AYM) to the Peoples' Democratic Party (HDP) upon the request of the Chief Prosecutor's Office of the Supreme Court of Appeals.

	'THE DECISION IS NOT LEGAL'

	In the statement, which draws attention to the fact that this decision made while HDP's closure case is still ongoing, it is an activity to influence the court, "Demands for the cut off of treasury aid have been frequently expressed by political actors. This decision is in violation of the Constitution and laws in many aspects. First of all, Article 69 of the Constitution stipulates that if a closure case is filed against a political party, the Constitutional Court may ultimately decide to dissolve the party, or alternatively it may decide to cut the treasury aid partially or completely. According to Article 69 of the Constitution, the Constitutional Court's making a final decision under the name of injunction is in the nature of a benevolent vote and is clearly contrary to the imperative provision of the Constitution. However, according to the regulation in Article 149 of the Constitution; The fact that the court decision regarding the measure was taken by an absolute majority against the condition of two-thirds majority of the members attending the meeting in order to decide to dissolve political parties or to deprive them of state aid clearly reveals that the decision lacks legal basis.

	'DECISION MEANS INTERVENTION IN ELECTIONS'

	When the mandatory provisions of the Constitution are examined, the statement that draws attention to the fact that the decision of the court does not include qualified majority: "It is undisputed that the decision is constitutionally and legally defective. It is seen that this decision made by the Constitutional Court at a time when our country entered the election atmosphere also has the official and potential to be evaluated as the intervention of the high court in the elections and democratic politics. As the undersigned bar associations; We call for the reversal of this decision, which is clearly against the constitutional and legal provisions, which poses a great risk for Turkey's future and democracy."

	The bar associations that signed the statement are: Adana, Ağrı, Batman, Bingöl, Bitlis, Tunceli, Diyarbakır, Hakkari, Kars, Mardin, Muş, Siirt, Urfa, Şırnak and Van.