Constitutional Court accepts HDP indictment

  • 13:33 21 June 2021
  • Law
 
ANKARA - The Constitutional Court accepted the indictment by making the first examination of the indictment prepared for the HDP's closure.
 
The General Assembly of the Constitutional Court (AYM) made its first examination in the case, which was reopened with the demand for the closure of the Peoples' Democratic Party (HDP). The Constitutional Court accepted the indictment, and the closure case was opened. The indictment requesting the closure of HDP, which was returned by the High Court for the completion of the deficiencies, was re-prepared by the Supreme Court of Appeals Prosecutor's Office and sent to the Constitutional Court.
 
The first review of the indictment sent by the Supreme Court of Appeals Prosecutor's Office was made at the General Assembly meeting. The General Assembly of the Constitutional Court met today and accepted the indictment.
 
How will the process work?
 
The Constitutional Court will send the indictment to the HDP for the preparation of the preliminary defense. HDP has to give its preliminary defense within the time allowed by the Supreme Court. However, the party can apply for an extension of this period. The request for additional time will be decided by the Constitutional Court delegation.
 
After the preliminary defense is given by the party, Supreme Court of Appeals Prosecutor Bekir Şahin will present his opinion on the merits.
 
This opinion will also be sent to HDP. Later, on dates to be determined by the Constitutional Court, the Supreme Court of Appeals Prosecutor will make an oral statement, and HDP officials will make an oral defense.
 
After the whole process, the rapporteur, who will collect information and documents related to the case, will prepare report on the merits. While these proceedings are in progress, both the Supreme Court of Appeals Prosecutor's Office and the HDP will be able to submit additional evidence or additional written defense.
 
After the report is distributed to the members of the Supreme Court, President Zühtü Arslan will set a date for the meeting, and the members will come together on the designated day and begin to discuss the closure request.
 
The decision taken as a result of the lawsuit for closure of the political party will be notified to the relevant political party and Supreme Court of Appeals Prosecutor and will be published in the Official Gazette.
 
In the event that the Constitutional Court determines that the party members whose political ban is sought caused the closure of the party with their statements and actions, these persons will not be able to be the founder, member, executive and auditor of another party for five years, starting from the reasoned publication of the final decision in the Official Gazette.