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Former President Abdullah Gül, the Constitutional Court (AYM), ‘the institution with the least reputation in recent years’ argued that
MHP President Devlet Bahçeli advocated changing the structure of the Constitutional Court and the AKP supported the proposal. After the local court failed to comply with the decision on Enis Berberoğlu, “The lights are on” Once again, AYM took its place at the top of the agenda.
Gul, one of the founders of the AKP, broke his silence as the discussions continued. Former President, AYM’s ‘non-libertarian practices’Critical, “When we compare the AYM at that time with the current AYM, it is attacked for acting liberally today.” used expressions.
‘Under attack’
According to T24 writer Murat Sabuncuoğlu, the headlines for Gül’s comments are as follows:
* To all the libertarian decisions of AYM ‘Yes’ its members are under attack. The head of the Constitutional Court remained liberal in all decisions. Court judge; act blind, watch the event, not who he or she is. This incident is about the AK Party, this incident is about the Republican People’s Party, this incident is about Enis Berberoğlu or this incident is about someone else. Frankly, I am in awe of coming to AYM today because they evaluate the important event and consider the events generously.
‘AYM sigorta’
* When you look at the majority of the court, I have those who have appointed, Tayyip Bey has appointed. Also AYM insurance for the country. Safe in this sense … The executive, the administration, the governments can make mistakes. Sometimes they can act very angry. But it is in the interest of governments to correct this by a court like the Constitutional Court after the event has cooled down. Therefore, it is necessary to know this value.
* They closed our party, certain decisions were made regarding my presidency, we criticized it, but frankly, we did not attack like that. I find this very sad. Article 146 on the duties and duties of this court arose in our time, that is, the AK Party government prepared this article and brought it to Parliament. When I approved Parliament as president, I sent it to a referendum. What is an objection to?
‘We were all proud’
* We all boast the right to individual application. (…) Once upon a time, many officers of the Chief of Staff, many teachers, many journalists, if they left Silivri, Sincan in Ankara, the AYM provided the way out. The Constitutional Court enforced the right of individual application at that time. Then I gave them a lot of support as president, I do interviews, ‘Boldly this structure,’ I said, outside of Turkey, but Turkey to individual applicants in this way you remove the plains and that way everything turned out. Now the AK Party has done these things and we are proud of them. Now what happened is that the members of the Constitutional Court, who fulfill their constitutional duties, are attacked.
Member criticism
* In this context, I would also like to say the following. It seems very wrong to me that members of the high judicial power or any judge share their political and controversial points of view through social networks. To this I would add very high-level government officials. Officials, judges, and prosecutors at the highest levels in the state should never do these things. But from what I can see here, the libertarian mentality is attacked. I find this very wrong. Article 153 of the Constitution is very clear. ‘When the decisions of the Constitutional Court are published in the Official Gazette, it binds the Legislative, that is, the Parliament, the Executive, the judicial bodies, the administrative authorities and the natural and legal persons. He says.
‘Someone else doesn’t fit in for another reason’
* If you do not comply with the decision of the Constitutional Court for a decision that you do not like, tomorrow someone else will not comply for another reason. If you don’t acknowledge this decision one day, no one else will acknowledge another decision tomorrow. It is necessary not to allow chaos. It is a wrong development. I’m sorry for these discussions. When I watch TV, nobody puts the prohibitionist libertarian axis when arguing. I named some of them and Tayyip Bey named the others; these are spoken. (Note: The local court did not comply with the new trial decision issued by the Constitutional Court against Enis Berberoğlu of CHP).
* The Constitutional Court is not the court of appeal in the normal legal order, but the AYM is the highest judicial body. In that period, when it is discussed who should be granted the right to individual petition, the Supreme Court, ‘Let’s do it’ He said. Then spoken ‘This is what AYM does’ we said and gave the task to the Constitutional Court. The superiority of AYM is indisputable.
‘Least discredited institution’
* AYM is the institution that has lost the least reputation in recent years. The government must know the value of this. The government can sometimes act in anger, sometimes the circumstances require it, it can make some mistakes, something that is inherent in politics, but it is also in the government’s interest to have a court that will correct all this when the facts cool down, according to the European Convention on Human Rights. From the Constitutional Court, the government is also the reputation of Turkey.
