Judicial Coup
9 November 2023
Two gross violations of law occurred yesterday. One of them was the rejection of the CHP’s application to the Constitutional Court regarding Article 217/a of the Turkish Penal Code, commonly known as the disinformation law, which proscribes the crime of disseminating misleading information to the public.
We have always expressed that the judiciary of the Republic of Turkey constantly violates international conventions. Today, however, the judiciary is also violating its very own domestic law. With this rejection decision, the Constitutional Court has violated both Article 26 of the Turkish Constitution, which regulates freedom of expression, and Articles 9 and 10 of the European Convention on Human Rights, which are recognized above national law. With this decision, it has both increased judicial pressure on journalists and violated the public’s right to information.
Nonetheless, we know very well that the Constitutional Court is not free, in other words, the Constitutional Court, which constitutes the highest court of the judicial system, and even in some ways the Supreme Court, is under great political pressure. In fact, we know very well that MHP President Devlet Bahçeli, who is a partner of the ruling party, has repeatedly called for the Constitutional Court to be shut down. How much pressure the Constitutional Court is under was revealed yesterday afternoon with a decision of the 3rd Criminal Chamber of the Court of Cassation.
Following the Constitutional Court’s ruling on the violation of the rights of MP Can Atalay, both the local court and the Court of Cassation, which had to recognize this ruling, announced that they do not recognize this ruling. The 3rdCriminal Chamber of the Court of Cassation openly defied the Constitutional Court. Yet, Article 153 of the Constitution clearly states that the decisions of the Constitutional Court are binding on the legislative, executive, judicial and administrative authorities, real and legal persons. The 3rd Criminal Chamber of the Court of Cassation has blatantly violated the Constitution with such a decision.
The 3rd Chamber of the Court of Cassation did not stop there, it even criticized the Grand National Assembly of Turkey and virtually reminded it of its duty and decided to file a criminal complaint against the members of the Constitutional Court.
We, as human rights defenders, call on all MPs in parliament to do their duties In the face of such preposterous decisions of the Court of Cassation. This is a judicial coup. This judicial coup must be opposed by everyone who calls themselves democrats and supporters of the rule of law.
As human rights defenders, we inform the whole public that we will take a stand against this judicial coup and will keep on reminding all that the separation of powers between the legislative, executive and judicial organs must be maintained.
Human Rights Association