Union of Turkish Bar Associations Chair Feyzioğlu: Constitutional Court’s ruling is binding

Union of Turkish Bar Associations Chair, Metin Feyzioğlu, made the following assessment of the ruling passed by the Constitutional Court on Mehmet Altan and Şahin Alpay and the Serious Crime Courts’ defiance of this ruling:

“The Constitutional Court’s ruling is binding. The Constitutional Court is binding on the courts and is binding on the administration. The Constitutional Court said in its truncated ruling, ‘These detentions have violated fundamental rights. They are in breach of the constitution.’

Serious Crime Court No 13 said with respect to Şahin Alpay as did No 26 with respect to Mehmet Altan, ‘Let’s see the reasoned decision and we’ll give it some thought then.’ Neither of these courts has the power of discretion. And both courts must order release the moment they see the violation in the truncated ruling. Indeed, the decisions were passed by two to one. The dissenting members said, ‘We have no power of discretion and cannot do this. We must release them immediately’.”

I find it odd that Bozdağ lacks this knowledge

As to government spokesperson Bekir Bozdağ’s assessment of the ruling that the Constitutional Court has passed, Feyzioğlu said, “The government spokesperson said with reference to the Constitutional Court, ‘It is not familiar with the case.’ The government spokesperson is familiar with the case but the Constitutional Court is not. I am not in a position to criticise the Constitutional Court’s ruling because the reasoned ruling has not been issued. But, I have sufficient graduate-level knowledge of the law to know that the serious crime court must immediately comply with the Constitutional Court’s truncated ruling. There is no need to have doctoral or professorial knowledge. I find it odd that the government spokesperson lacks this knowledge.”

“The Constitutional Court might wake up one day and see that it has been suspended for six months under a state of emergency decree with the force of law”

Feyzioğlu, also criticising the Constitutional Court, went on to say, “It would be good if the Constitutional Court applied this libertarian approach to state of emergency decrees with the force of law. For, the Constitutional Court might wake up one day and see that it has been suspended for six months under a state of emergency decree with the force of law. The Constitutional Court has said that it cannot examine state of emergency decrees with the force of law. It has tossed 27 years of case law with a gem-like value into the garbage.”