An Istanbul court rejected the request for a retrial of Enis Berberoğlu, a former lawmaker of the Republican People’s Party (CHP), following the Constitutional Court’s decision of violation of his rights, on Oct. 13.
Elaborating on the decision of Istanbul’s 14th High Criminal Court, CHP leader Kemal Kılıçdaroğlu said, “The local court is the court of the palace. Why are you surprised?”
The court “does what it takes from the palace. But if the law of this country remains, we will do our struggle,” he told reporters on Oct. 13.
“They are preparing an atmosphere of chaos. This constitution binds me, binds the parliament, but does not bind the lower court,” he said later speaking at the parliament assembly.
“If the lower court says, ‘I will not comply with the decision of the upper court,’ there is a problem,” Kılıçdaroğlu added.
Earlier the local court’s ruling, Parliament Speaker Mustafa Şentop said the parliament could make an assessment for the return of Berberoğlu’s deputyship if the local court annuls the initial sentence for the CHP lawmaker.
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.
The Constitutional Court’s General Assembly ruled that the decision would be sent to the Court of Cassation for his retrial in order for the outcomes of the violation to be removed.
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.
The CHP argued that Parliament Speaker Mustafa Şentop should pave the way for the return of the former lawmaker to the parliament.
Hurriyet Daily News