Condemnation AYM decision: Judicial blow to democratic politics

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  • 15:32 6 January 2023
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ANKARA - Describing the AYM's "blocked" decision as a "judicial blow to democratic politics", HDP Co-Chair Serhat Eren said: "The court wrote the history of unlawfulness without complying with the procedure."
 
It ıs demanded that the closure of the Peoples' Democratic Party (HDP) with the acceptance of the indictment prepared by the Chief Prosecutor of the Supreme Court Bekir Şahin and the party's accounts were blocked while the lawsuit was filed at the Constitutional Court (AYM) on June 7, 2021. The Supreme Court of Appeals Chief Public Prosecutor Bekir Şahin applied to the Constitutional Court once again, demanding that the accounts of the party, which received Treasury aid, be blocked, although it was rejected before.
 
The Constitutional Court, which decided to discuss the application on January 6, before the Treasury aid will be made on January 10, moved the meeting to January 5 the previous day. The HDP's defense was not required in the decision taken by 8 of the 15 members of the Constitutional Court with the affirmative votes and 7 against.
 
RIGHT OF OBJECTION AFTER THE DECISION!
 
In the decision of the Constitutional Court to block party accounts as a precaution, it was also noteworthy that the HDP was given 30 days to appeal. It was noted that if the HDP appeals within 30 days in the AYM decision, it will take a defense and re-evaluate the decision.
 
THE RESULT OF POLITICAL LYNCH CAMPAIGNS OPENED
 
Evaluating the application of the Chief Public Prosecutor of the Court of Cassation and the decision of the Constitutional Court, HDP Deputy Co-Chair in charge of Law and Human Rights Serhat Eren said: "The closure case against the party was opened as a result of 'political lynching' campaigns. This case was opened as a result of the pressure of the AKP-MHP on the judiciary. As a matter of fact, political perception operations continued while this case continued. It reached such a level that, while the trial process was still going on, the Constitutional Court was requested to be closed on the grounds that the decision to dissolve our party was not made.”
 
UNCONSTITUTIONAL DECISION
 
Underlining that such a request by the Chief Public Prosecutor of the Supreme Court of Appeals at the stage reached within the scope of the case has no place in the legislation, Eren said: "It is unconstitutional, that it may be the subject of the final decision of the Constitutional Court, and that it cannot make such a decision as a precaution. We submitted to the Constitutional Court with the petition 2 days ago. We drew attention to these issues. This request of the Court of Cassation is against the law, the Constitution and the European Convention on Human Rights and the Constitutional Court decided despite this.
 

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