In the human rights week, Constitutional Court closed Democratic Society Party (DTP) on 11 December 2009 with a decision taken unanimously. Beside the closure decision, 37 politicians were banned from politics. Parliamentary membership of Mardin deputy Mr. Ahmet Türk and Diyarbakır deputy Ms Aysel Tuğluk, who were co-chairs when the closure case was launched, were lifted. With the decision of the Constitutional Court, the Parliamentary group formed by representatives of Kurdish population ended. Constitutional Court took completely ideological decision. Statements made by the presiding judge of the Court following the closure decision were like to explain on which political merits that the decision was taken.
Turkish Constitutional Court kept its censorship mentality. It took a decision in accordance with the essence and spirit of anti-democratic Constitution of 12 September. Universal law principles were put aside while taking this decision. Now, following questions should be asked to the Court:
1. Why did you not take into consideration of judgements of the European Court of Human Rights given for the previously closed political parties dealing with Kurdish problem? Why did you not implement these judgements?
2. What is the relation between Batasuna judgement, as you looked at with the influence of Government Spokesperson Cemil Çiçek, and this case of DTP? Constitution of Spain is a constitution which adopted pluralist democracy providing guarantee for different languages and identities. How did you evaluate the demands for the recognition of differences in the context of the Constitution of Republic of Turkey which denies pluralism as call for violence by making a similarity with a call for violence of a political party in the context of the pluralist, democratic Spanish Constitution?
3. Why did you not implement international human rights conventions ratified by Turkey and enforced by Article 90 of the Constitution?
4. The right to involve in politics are one of the fundamental rights. How did you find yourself right by suspending the rights of 37 politicians and dropped the membership of parliament of two MPs? Aren’t these interventions you made on the will of electors a grave human rights violation?
5. Don’t you think that the call for dialogue you have made to other parties after you closed down the DTP created the impression that you are also an element of national unity project?
It is possible to multiply these questions.
This decision has shown once more that there is no other way than creating a new democratic constitution. Turkish Grand National Assembly has to make an end to the tutelage of military and judiciary.
This decision should not interrupt the democracy and peace struggle on legitimate grounds. These territories shall meet with democracy and peace soon or later. Just so, the belief should not be lost.
HUMAN RIGHTS ASSOCIATION