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Following the lawsuit submitted by a Turkish chief prosecutor to the Constitutional Court, the Constitutional Court may either reject or accept the application of the prosecutor. In case that the Constitutional Court accepts the applications, the Peoples’ Democratic Party (HDP) will be asked for a defense, according to Mesopotamia Agency.
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 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”.
The Consitutional Court will evalute 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-thirds majority is a must
In the next period, the Constitutional Court will launch a trial in its capacity 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.
Permanent closure or cautionary judgment
The Constitutional Court holds the authority to deprive the HDP of state aid partially or completely whilst 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.
The ECHR cannot suspend the execution of closure
The HDP can file an application at the European Court of Human Rights if the Constitutional Court rules the decisions of permanant closure, as the Constitutional Court represents the highest court in the national law.
The ECHR does not hold the authority to suspend the execution of the decision, which means that if Turkey’s Constitutional Court gives the decision to shut down the HDP, the HDP will be closed down permanently.
However, in the long run, The ECHR may impose a penalty on Turkey if the Court rules a decision of violations of rights.
