A first in the history of the Republic occurred in the continuation of the Constitutional Court's "rights violation" decision following the right of individual application to the Constitutional Court by Can Atalay, the detainee and later convict of the Gezi case, who was elected as a member of parliament from TİP in the general elections.
Yesterday's decision taken by the 3rd Criminal Chamber of the Supreme Court of Appeals against this decision of the Constitutional Court, the highest judicial authority, was described as an earthquake in legal circles.
The Criminal Chamber both ignored the Constitutional Court's decision and filed a criminal complaint against the members who signed the decision.
The decision taken in the evening hours is a first in the history of the Republic.
Following the decision of the Constitutional Court, Saadet Party Parliamentary Group collectively appeared before members of the media and made a statement regarding the issue, which turned into a legal battle with the opposing decision of the 3rd Chamber of the Supreme Court of Appeals.
“LAW IS THE FOUNDATION OF THE STATE”
Saadet Party Chairman Temel Karamollaoğlu reacted to the decision taken by the relevant chamber of the Supreme Court.
"The system itself is literally being manipulated, pieces are being removed from their places. If an illegality begins to prevail in law, it is unclear where this situation will end. Because law is the foundation of the state. There is no state without law. The methods are clear, the procedures are clear. We are witnessing, for the first time, that the steps taken recently have shaken the foundations of the law established in our country. It is not an acceptable approach to accuse members of the Constitutional Court beyond complying with its decisions. Especially, it is not an acceptable approach for this to be brought to the agenda by the establishment. We express our regret for this and believe that the next steps must be taken seriously. Both the presidency and the Parliament need to intervene in this matter and correct these mistakes. As our group, we find it necessary to take some steps in this regard. I think this is also a warning to legal institutions and the government. This issue can be taken to great lengths, but no matter what, the solution must be sought within the legal system and the state structure," Karamollaoğlı said.
“IN THE LEGAL SYSTEM, THE AREAS OF ALL COURTS ARE CLEAR”
Gelecek Party Chairman Ahmet Davutoğlu underlined in his speech that the events in question are of importance beyond the Atalay issue.
"For the first time in the history of our Republic, in the last two hundred years, there is a confrontation at the Supreme Court level. There is a danger to our state order, there is a blow to our state order, there is a blow to our legal order. State order is based on rules and customs. Article 153 of the Constitution clearly states that 'the decisions of the Constitutional Court are binding on all authorized and relevant bodies'. The right to individual application is a part of human rights and is made to the Constitutional Court. The Supreme Court is responsible for matters that fall within the scope of the Supreme Court of Appeals, but the final authority regarding the constitution and individual applications is the Constitutional Court. Do you see any attitude of the Supreme Court discussing the Constitutional Court decisions on any issue throughout the history of the Republic? Parties were closed in this country, did the Supreme Court hear anything? It is not clear which decisions of the Constitutional Court do not have any precedent. So why is this being done? Completely eliminating the independence of the judiciary and making the right to individual application, which is a guarantee for citizens, meaningless. You apply to the Constitutional Court and get a decision, but a chamber in the Supreme Court ignores that decision by bypassing the entire legal system. This is an interference with the fundamental rights of citizens. It is a blow to our legal system. Because in the legal system, the areas of all courts are clear," Davutoğlu said.