The legal process of the closure of HDP

2021-03-18 12:06:00


	ANKARA - Upon the lawsuit filed by the Supreme Court, if the AYM accepts the indictment, it will ask HDP for a defense before announcing its decision. The Supreme Court can decide on the HDP's closure, or take some other measures 

	Bekir Şahin, the chief prosecutor of Turkey’s Supreme Court of Appeals submitted an indictment at the Constitutional Court seeking to permanently close the Peoples’ Democratic Party (HDP).

	 

	The prosecutor accuses the HDP, the third-largest opposition party of the country, of attempting “to destroy the inseparable unity of the Turkish state and the nation” and working with the Kurdistan Workers’ Party -“PKK” and “its subsidiaries”.

	 

	CONSTITIONAL COURT WILL EVALUATE THE INDICTMENT

	 

	With the submission of the indictment, the legal process was initiated by the Constitutional Court as of 17 March.

	 

	The Constitutional Court will first examine the indictment submitted by the chief prosecutor in terms of its compliance with the procedure. In case of spotting any deficiencies, the Court would then send the indictment back to the prosecutor for revisions.

	 

	After the revisions are completed, then the Consitutional Court will first prepare the preliminary proceedings report.

	 

	TWO THIRD MAJORITY NEEDED

	 

	With the submission of the indictment to the Constitutional Court, the legal process was initiated..Next, the Constitutional Court will make a trial as the Grand Chamber.

	 

	The Constitutional Court will examine the indictment and its annexes in numerous sessions, at the end of which a date for a trial will be announced.

	 

	Consisting of 15 members, the Constitutional Court can rule a decision only by the two-thirds majority.

	 

	A CAUTIONARY JUDGEMENT CAN BE MADE INSTEAD OF BANNING THE PARTY

	 

	The Constitutional Court holds the authority to deprive the HDP of treasury aid partially or completely while it may pass a cautionary judgment or rule the permanent closure of the HDP depending on the severity of the accusations in question.

	 

	If the Constitutional Court finds any member of the HDP “guilty” of the charges that lead to the closure of the party, it may rule a “political ban” on those members, including the Co-Chairs of the HDP, which prohibits them from being the founder, member, manager or supervisor for another political party for 5 years.

	 

	HDP WILL APPLY TO THE ECtHR

	 

	The decision of the AYM will be final and binding. The only mechanism HDP can apply against the decision of the Constitutional Court is the European Court of Human Rights (ECHR), which can not stop the execution but it can give a violation decision.

	 

	MA / Zemo Ağgöz