ANKARA - The rapporteur assigned with examining the indictment of the closure case filed against the HDP has returned the indictment due to procedural deficiencies.
The Constitutional Court rapporteur's report on the indictment filed for the closure of the Peoples' Democratic Party (HDP) has been completed. The rapporteur has requested that the indictment be returned so that the procedural deficiencies can be rectified.
The report has been distributed to Constitutional Court members.
HOW WILL THE CASE PROCEED?
The Constitutional Court will make the first examination on March 31. The court board will decide whether the indictment lodged by Chief Public Prosecutor of the Court of Cassation Bekir Şahin is accepted or not.
If the indictment is accepted, it will be sent to the HDP for preliminary defense. The party will be obligated to submit its preliminary defense within the time period specified by the top court. But the party can make an application to extend this period. The Court will conclude this application.
After the HDP presents its preliminary defense, Court of Cassation's Chief Public Prosecutor Bekir Şahin will be asked his opinion as to the accusations. This opinion will also be sent to the HDP. Then, at dates to be specified by the Constitutional Court, prosecutor Bekir Şahin will make a verbal statement and HDP officials will make a verbal defense.
Following this process, the rapporteur, who will collect information and documents about the case, will prepare a report on the merits. While this process is ongoing, the Chief Prosecutor's Office of the Court of Cassation and HDP can submit additional evidence or defense.
After the report is handed out to the Constitutional Court members, Court President Zühtü Arslan will set a date for the meeting and, on the specified day, the members will start examining the case as to the merits.
MAJORITY VOTE NEEDED
A two-thirds majority, or votes of the 10 of 15 Constitutional Court members, are needed to close the party because of the reasons cited in article 69 of the Constitution or impose other sanctions on the party such as partially or completely depriving it of public aid.
The top court ruling will be submitted to the Court of Cassation Chief Public Prosecutor's Office, which filed the case, and to the related political party, namely the HDP, and will be published in the Official Gazette. Those who have been imposed a political ban will not be able to be founders, members, executives or supervisors of any other political party for five years.