Dr. Bahadır Aslan
The Constitutional Court, which should be the protector of the Constitution and universal principles of law, rejected hundreds of thousands of individual applications due to rights violations without justification during the state of emergency (OHAL). In most of these decisions, apart from the application number, the subject of the application is not clear, and there is not even a single line of concrete justification in the decisions. Likewise, the Constitutional Court rejected the applications made for around 3000 judges and prosecutors without any justification, despite the decision to arrest them in violation of the legal guarantees of judges and prosecutors in the Constitution. All of these rejected applications were decided by the ECtHR for violation of rights within the scope of Article 5/1 of the European Convention on Human Rights. Although these decisions were not implemented by the State, the Constitutional Court remained silent.
The Constitutional Court, which plays a fundamental role in bringing the judiciary under the direction of politics in Turkey, did not consciously annul laws and emergency decrees that are contrary to the Constitution and universal legal principles during the state of emergency. The court ignored the consistent annulment decisions made in the past regarding the decree laws and decided according to the expectations of the politics. In this way, the Court has become a center for laundering the unlawful legislation carried out by the outlawed regime in Turkey.
The President of the Constitutional Court, Zühtü Arslan, in line with his current function, is remembered for bowing before the President in the past. Besides He is known for not responding in a single line to the President’s statement of “I do not abide by the decision of the Constitutional Court, nor do I respect it”. Despite this bad and decrepit image, the President of the Constitutional Court has now criticized lawyers because of their applications made to the Constitutional Court. The President of the Court stated that “Our lawyers are still filling out the application form as if they are writing a petition of appeal or bill of certiorari, probably due to their professional habits.”
It should be known that in Turkey;
• People are kept in prisons with unlawful decisions.
• People are subjected to torture and ill-treatment in prisons.
• People are abducted and disappeared.
• People have been dismissed from their jobs with unlawful decrees and left to civil death.
• People die while fleeing abroad through Meriç in order not to be arrested again and to find a safe life.
Turkish Constitutional Court, which made the greatest contribution to Turkey’s entry into this unlawfulness vortex and that almost all of the rejection decisions regarding the applications for violation of rights in Turkey were returned by the ECtHR with a decision of violation, has been exhausted legally. The court has turned into a center for acquitting the crimes and unlawful acts of the Erdogan regime. Therefore, making a comment on Turkey’s legal system and criticizing of the lawyers who are the only legal institution that can survive despite everything by the President of the Constitutional Court is a completely hilarious situation.
As you can see, Mr. Zühtü Arslan, if you can still make a statement despite this unlawfulness, it is your legal fault.