Justice Minister Bozdağ: Constitutional Court Violated Constitution, Law

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Minister of Justice, Bekir Bozdağ has evaluated Constitutional Court’s decision of releasing the journalists Erdem Gül and Can Dündar and President Erdoğan’s remarks on the decision saying “I don’t respect it”.

Bozdağ has stated; “It is obvious that AYM’s decision is a violation of the constitution and law”.

“Criticizing AYM is President’s democratic right”

Answering journalists’ questions in the parliament, Bozdağ has responded to a journalist asking “CHP (Republican People’s Party) has noted that they would return to the table on the condition that the President takes back his words regarding AYM’s decision as follows:

“Just like how Mr. Kılıçdaroğlu criticizing AYM or its decisions is a political right, Mr. President criticizing decisions taken by AYM is no less of of a democratic right. What Mr. Kılıçdaroğlu is offended by is incomprehensible. What Mr. Kılıçdaroğlu says about the judiciary, its rulings and the jurists are all in the records. He says it everyday.  

“Mr President has already expressed that he believed that a court which is supposed to act in compliance with human rights treaties to which Turkey is a party, had violated the constitution and he therefore had made such a statement on a decision which is obviously a violation of the constitution and the law”.

Upon being asked “Do you consider AYM’s decision a clear violation of the constitution?”, Bozdağ has noted that he will make a statement on the issue.  

What had happened?

14th Heavy Penal Court had ruled release of Can Dündar and Erdem Gül following the “violation of rights” verdict by the Constitutional Court.

President Recep Tayyip Erdoğan had commentated on the Constitutional Court’s ruling to release the journalists Gül and Dündar as “In my opinion, media can’t have unrestricted freedom. These reports include all sorts of assaults against the Prime Minister and the President of this country. Will we sit back and watch while it attacks the Prime Minister and the President? The Constitutional Court may have decided on the matter and I can only remain silent on this decision. But I can’t accept it. And I neither obey the decision, nor respect it. Because there is an obvious reality here. This is not an acquittal or release order. Actually, the court [of first instance] deciding on the matter could have insisted on its decision”

Chief Judge of the Constitutional Court upon President Erdoğan’s words “I neither recognize nor respect AYM’s decision” following release of Can Dündar and Erdem Gül, had said the court’s decisions are binding for everyone and every institute. (EA/DG)