Erdoğan on Constitutional Court’s Decision: Not Over Yet

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In his conversation with the journalists in Nigerian Embassy, President Recep Tayyip Erdoğan has commentated on Constitutional Court’s ruling on Cumhuriyet daily’s Editor in Chief Can Dündar and its Ankara representative Erdem Gül, who stayed in prison for 92 days over their report of Turkish National Intelligence Agency (MİT) trucks carrying ammo.

He has asserted that the decision paving the way for the release of the journalists had contradicted with the Constitution and noted “Yet this doesn’t mean that it’s over”.

Erdoğan has signaled that a new judicial process could begin and if the issue was brought before the European Court of Human Rights (ECtHR), the state would be ready to pay the compensation.

“Judicial process not over yet”

Hürriyet daily columnist Vahap Munyar, has reported President Erdoğan’s words as follows;

“It has been wrong that the Constitutional Court has put itself in the place of the court of first instance. Is the judicial process over yet? No. You step in before the process is completed and take such steps assuming responsibility for the situation.  

“Besides, Mr. President of the Constitutional Court was a friend who use to support the thesis ‘You can’t declare a decision without announcing the reasons’. He is a friend whom I like and appreciate. But him running into such contradictions has unfortunately been a very wrong development for our country and the law.   

“Hurriedly ending the judicial process before its completion without declaring the reasons is a substantive and procedural irregularity.  Now he becomes defensive but he can’t defend himself”.

“The state will pay the compensation”

“He says ‘The decisions of the Constitutional Court is among everything and bind all’. This applies for the constitution and law amendments but you can’t say the same for individual complaints.

“This is what causes the mistake anyway. He always used to say ‘the verdict can’t be announced without declaring the reasons’. If the ruling binds everyone, why do you send it back to the court of first instance? If it is binding, then it should not have been sent back to the court of first instance.

“Now that the decision is referred to the court of first instance, there is no decision the Constitutional Court could take if the court of first instance insists on its decision. Where does it lead?

“If they wish, they could apply to ECtHR after that. If the ECtHR rules similar to the Constitutional Court, this is only binding with regards to the compensation. And the state would than pay the compensation”.

“MİT’s Bayırbucak attempts

“Besides, an act of spying is at issue here. This is an attempt to uncover the actions of the National Intelligence Service taken in favor of the Turkmens of Bayıbucak.

“Those who have attempted this are now in prison including prosecutors and soldiers.

“And that being the case, measures taken in this sense are claimed to be a violation of freedom of thought and expression. What does it have to do with it? Do media members have the freedom to do whatever they wish?

“This is an attempt to disclose secrets of the state’s intelligence service, twisting the issue and making Turkey look like a terrorist organization helping DAEŞ (Islamic State of Iraq and Syria)

“And you dare call the measures taken against the ones who try to do this a violation of freedom of press? This is not a decision of acquittal, this is only the process of being released pending trial. That is correct”.  

“Has nothing to do with loyalty to the Constitution”

“Regarding matters such as the social media and the private teaching institutes issues, the Constitutional Court had adopted a similar attitude. And then they dare affirm no one can say anything. Dear friends, the President is the head of People and gives a voice to the troubles of the people.

“In this sense, there are comments of some friends regarding my loyalty to the constitution which are very saddening. With all due respect, this is in no way related to the loyalty with the Constitution.

“Yes, there is a violation of the Constitution. But I am not the one who violates it. It is the deciding authorities in the Constitutional Court. And unfortunately they have committed this violation blatantly.

The court of first instance has complied with the ruling of the Constitutional Court. But this doesn’t mean that it’s over yet. The prosecutor may object to the decision. In case of an objection, the higher court may launch a new process. And what falls to our lot is to watch the process

“Mr. President [of the Constitutional Court] is a jurist. The decisions taken by the Constitutional Court are like I have said, binding for the Constitution and law amendments, of course. But you can’t tell the same for individual applications”. (AS/DG)

* Photograph: Kayhan Özer – Gine / Anadolu News Agency (AA)