The Republican People’s Party’s (CHP) lawmakers met on Oct. 14 for an urgent parliament group session after a local court defied the constitutional court ruling for the retrial of former CHP lawmaker Enis Berberoğlu.
CHP leader Kemal Kılıçdaroğlu made a short assessment at the closed meeting of the party where he said, “We are rightful. We will act with patience and common sense. We will wait.”
The General Assembly of the Constitutional Court also held a meeting on Oct. 14 upon the decision of the Istanbul 14th High Criminal Court which rejected the request of the top court for Berberoğlu.
Elaborating on the local court’s ruling, President Recep Tayyip Erdoğan said the process is “entirely maintained within the law.”
“In the past, there was an example of this about Şahin Alpay. Again, the local court had taken such a step by making a ruling. Here, too, the local court has taken a step it can by making this decision,” he said
Meanwhile, Justice Minister Abdulhamit Gül stated that the judicial process has yet to finish for the former CHP lawmaker.
Elaborating on the ruling of Istanbul 14th High Criminal Court that said there is no room for a retrial of Berberoğlu, Gül told reporters that the court process continues, and they will follow this process.
Reminding that the ruling Justice and Development Party (AKP) brought the right to an individual application to the constitutional court, Gül said that in this way, the Constitutional Court is an important domestic remedy.
Emphasizing that the decisions of the Constitutional Court are binding, Gül said, “While making these rulings, it is necessary to engage in behaviors and attitudes as required by democracy and the law. It is necessary to avoid behaviors that harm dignity,” he said.
The Constitutional Court ruled on Sept. 17 that Berberoğlu’s right to stand for election and engage in political activities along with his right to freedom and security have been breached for which a retrial will take place for Berberoğlu under the unanimous violation decision of the top court.
The Constitutional Court ruled for a violation of rights and a retrial for Berberoğlu on the grounds that he had been dismissed from deputyship with a final sentence of five years and 10 months before his application was concluded.
Berberoğlu had initially been sentenced to 25 years in prison on espionage charges for providing daily Cumhuriyet with a video purporting to show Turkey’s National Intelligence Organization (MİT) trucking weapons into Syria.
Berberoğlu was re-elected as the deputy in the June 24, 2018 elections. He was released from prison in late 2018 after 15-month imprisonment.
On June 4, the Turkish Parliament stripped Berberoğlu of his deputyship.
Hurriyet Daily News