AYM’s ‘Enis Berberoğlu’ decision fell like a bombshell on politics!

The deputy of the CHP Tezca emphasized that, according to the last paragraph of article 153 of the Constitution, the Constitutional Court is located above the legislative, executive, judicial, administrative and legal entities, so that it is the final and definitive deciding authority.

Pursuant to article 50, paragraph 2, of the law regulating the establishment and functions of the Constitutional Court, Tezca also emphasized that if the Constitutional Court issues a “violation” decision and reverses the court’s ruling, the lower court that issued the trial must seek a new trial, said:

* Enis Berberoğlu obtained immunity upon being reelected deputy. The court did not hear this and continued the trial. The Supreme Court also confirmed. The Constitutional Court tells the court that “Article 83 of the Constitution prohibits judging you.” He says “you will wait”. Then the Supreme Court or the local court must take the file and wait for the immunity to be lifted again.

* With the decision taken today by the Constitutional Court, the previous sentence of the court is eliminated and confirmed by the Supreme Court. Is there any provision now? No. If that provision does not exist, the consequences of that provision also disappear. Therefore, it disappears as a result of the reading of the Supreme Court decision in Parliament and the removal of the prosecution. Now, the Speaker of the Assembly must invite Berberoğlu to the parliament and call him to carry on with his duty.

TEZCAN: RECEIVE ALL PERSONAL RIGHTS

Tezca emphasized that, since the Constitutional Court made the decisions of the local court and the Supreme Court “in the verdict of non-existence”, Berberoğlu would regain all his personal rights that he lost since he stopped being a lawyer.

EXPLANATION OF THE LAWYERS OF BERBEROĞLU

Berberoğlu’s lawyers, Yiğit Acar and Murat Ergün, made a statement after AYM’s decision and stated that Berberoğlu should be tried again. The statement of the lawyers is as follows:

* The General Assembly of the Constitutional Court (AYM) decided on the individual request of our client, Kadri Enis Berberoğlu, at its meeting today.

* In the general elections of June 24, 2018, the Supreme Court found it a violation of the fact that Berberoğlu, a MP for the Istanbul CHP, was sentenced and imprisoned despite his immunity derived from the Constitution. The Constitutional Court requested that this violation of procedural guarantees be eliminated with all its consequences.

* Thus, the fact that “the fundamental rights and freedoms protected by the Constitution were violated,” which we insisted during the trial of our client as a defendant, was also accepted by the Constitutional Court.

* With this decision of the Supreme Court, our client’s sentence was abolished and a new and fair trial was made mandatory. However, if the Grand National Assembly of Turkey, of which our client was a member, had waited another 4 months for the decision of the Constitutional Court, Berberoğlu’s parliamentary membership would not have been removed and the will of the voters would not have been violated with a final punishment.

* We will ask the judicial authority to show it to us after the Constitutional Court publishes its reasoned decision. We respectfully announce to the public that we will continue the legal fight, believing that the retrial will result in acquittal.

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