The local court announced that it would retry Berberoğlu after it was advised by the chief prosecutor to implement a recent verdict from the Constitutional Court, which stated that the former lawmaker’s rights were violated when he was convicted and stripped of his immunity by the court.
According to Article 83/2 of the Turkish Constitution, parliament must decide to abolish the parliamentary immunity of deputies before legal proceedings can continue against lawmakers, the court said in the summary of proceeding.
The summary of proceeding will be submitted to the parliament by the ministry.
The Istanbul 14th Heavy Penal Court ruled on Feb. 8 to end the conviction of Berberoğlu, who was sentenced on terror-related charges, and to retry him after the chief prosecutor’s office recommended that it abide by the Constitutional Court’s rulings from 2020 and early 2021.
Berberoğlu, who was elected into the Turkish Parliament in June 2018 elections from the ranks of the CHP, lost his seat after he was convicted.
Elaborating on the local court’s decision, Nationalist Movement Party (MHP) leader Devlet Bahçeli said Feb. 9 that his party would vote to lift Berberoğlu’s immunity again when it is discussed in parliament.
“We respect the judiciary; we also find it appropriate for the court to see the case again, but we are against the suspension of the execution,” Bahçeli told reporters.
The MHP will vote to strip Berberoğlu of his immunity again in accordance with its previous attitude, Bahçeli said.
Hurriyet Daily News