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The Speaker of the Parliament, Mustafa irióentop, referred to the decision of the 15th Higher Criminal Court of Istanbul regarding Enis Berberoğlu on the live broadcast of NTV. Şentop declared that the competent court must comply with the decision of the Constitutional Court.
‘I’m in the same place as the AYM decision’
“When you take a legal process completely from the legal field and take it to a political base, the discussions do not go well. Healthy results are not produced. Şentop said: “These evaluations should not be done without completely losing the legal basis” and used the following statements:
* When immunities were lifted, I was the president of the Constitutional Commission. I also expressed my opinion clearly there.
* Immunities are related to periods. Each period has immunity, so to speak.
* The 26th period immunity is a separate immunity. When a new period begins after the election, the twenty-seventh period immunity is a separate immunity.
* A new selection grants a new immunity. I did not express my opinion after the Supreme Court made its decision, I did it before.
* My opinion was different from the assessment made by the Supreme Court of the 16th Criminal Chamber. I also didn’t change this view afterwards.
“Are you standing on a parallel, similar to the AYM decision?” Şentop answered “Yes” to the question, “The evaluations of constitutional lawyers are not very different in this regard. “There are differences in the comments of attorneys who are not constitutional attorneys.”
“THE RELEVANT COURT MUST FOLLOW THIS DECISION”
“The decision of the Supreme Court is, ultimately, a judicial decision. It is the decision that finalizes the sentence in a process. It is the final verdict. The final judgment is binding. As speaker of parliament or as a normal citizen, I think differently from the Supreme Court or a court, so it is not possible for me to say ‘I will not implement this decision’.
* The Constitutional Court issued a rape sentence. This violation decision is also binding. There is a law on how to apply it.
* There are aspects of the AYM decision that can be criticized. After all, the decision of the Constitutional Court is like the decision of the Supreme Court. This decision is also binding. The recipient must comply with this decision.
* I believe that the competent court should comply with this decision. In our legal system there is no such institution as that of interpreting, evaluating or distorting the AYM decision.
* Courts can make wrong decisions. In this process, I believe that the work will be settled and concluded in accordance with the legislation.
WHAT HAPPENED?
The Constitutional Court had issued a decision of “violation of rights” in relation to Enis Berberoğlu, who was removed as a deputy. The 14th Higher Criminal Court in Istanbul also ruled that there is no room for a new trial on the grounds that the Constitutional Court’s decision “falls within the scope of suitability control.”
In the decision of the Superior Criminal Court the following statements were used, referring to the Law of Establishment and Judicial Procedure of the Constitutional Court:
* At the end of the main Constitutional Court examination, it is decided that the applicant’s right has been violated or not.
* In the event of a violation decision, it will be decided what must be done to eliminate the violation and its consequences. However, the suitability check cannot be carried out and decisions cannot be made on the nature of an administrative act or transaction.
THE FILE HAS BEEN SENT BACK TO THE 14TH SUPERIOR CRIMINAL COURT
The 15th Higher Criminal Court of Istanbul also ruled on the appeal against Enis Berberoğlu’s decision handed down by the 14th Higher Criminal Court of Istanbul that there is no place for a new trial.
In its assessment of the objection, the court ruled that “there is no room for a decision.” The file was sent back to the 14th Superior Criminal Court.
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