HDP closure case | Prosecutor submits his opinion to Constitutional Court
Click to read the article in Turkish / Kurdish
In the lawsuit seeking the closure of the Peoples' Democratic Party (HDP), Court of Cassation's Chief Public Prosecutor Bekir Şahin has submitted his opinion as to the accusations to the Constitutional Court.
After the HDP presented its preliminary defense to the top court on November 5, Şahin has completed his opinion as to the accusations.
The Chief Public Prosecutor's Office of the Court of Cassation has released a press statement about the issue.
According to the statement, in his opinion as to the accusations, the Chief Public Prosecutor has demanded that the objections and requests raised by the HDP in its preliminary defense be rejected and the HDP be permanently closed "as it is understood that it has become a focal point of the acts against the indivisible integrity of the state with its country and nation."
Bekir Şahin has also reiterated his demand for a five-year political ban on the politicians whose names are cited in the indictment. If this demand is accepted, the related people will not be the founder, executive, inspector or member of another political party for five years starting from the time when the ruling of permanent closure is published in the Official Gazette.
CLICK - Constitutional Court accepts indictment seeking HDP's closure
The first indictment to close the HDP was returned by the Constitutional Court to the Chief Public Prosecutor's Office of the Court of Cassation on the anniversary of the last local elections on March 31. The reason for returning the indictment was that "it did not have legal characteristics."
With minor changes, the second indictment seeking the closure of the party was submitted to the top court on June 7 and having examined the indictment in the light of a report prepared by the rapporteur of the case, the Constitutional Court accepted the second indictment on June 21.
How will the process proceed?
After the HDP presents its preliminary defense, Court of Cassation's Chief Public Prosecutor Bekir Şahin is asked his opinion as to the accusations. This opinion will also be sent to the HDP. Then, at dates to be specified by the Constitutional Court, prosecutor Bekir Şahin will make a verbal statement and HDP officials will make a verbal defense.
Following this process, the rapporteur, who will collect information and documents about the case, will prepare a report on the merits. While this process is ongoing, the Chief Prosecutor's Office of the Court of Cassation and HDP can submit additional evidence or defense.
After the report is handed out to the Constitutional Court members, Court President Zühtü Arslan will set a date for the meeting and, on the specified day, the members will start examining the case as to the merits.
A two-thirds majority, or votes of the 10 of 15 Constitutional Court members, are needed to close the party because of the reasons cited in article 69 of the Constitution or impose other sanctions on the party such as partially or completely depriving it of public aid. (KÖ/SD)