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Yalçınkaya sparks controversy with commentary on closure case
His remarks were interpreted as a strong indication that a second closure case against the AK Party will be opened soon. Yalçınkaya filed his first closure case against the party in March 2008 on the grounds that it had become the focal point of anti-secular activities. The Constitutional Court, however, declined to shut down the governing party.
On Sunday, Prime Minister Recep Tayyip Erdoğan lashed out at the chief prosecutor, saying such commentary would hinder political parties from working in a healthy manner. “How can a chief prosecutor of the Supreme Court of Appeals say such a thing? Is that possible? Then they expect us to make politics. ... They [prosecutors] need to evaluate what will happen in the country before filing a closure case against a political party. Do we have to see the same film over and over? We need to work in a healthy manner,” he stated.
Justice Minister Sadullah Ergin also slammed Yalçınkaya for his remarks on the prospect of a new closure case against the governing AK Party. “They will not pull a new rabbit from the hat,” he said, hinting that the party will not face a new closure case.
In addition, Turkey’s prominent jurists criticized the chief prosecutor of the Supreme Court of Appeals for “working to disband political parties.” A closure case Yalçınkaya filed against the pro-Kurdish Democratic Society Party (DTP) for separatist activities resulted in the party’s closure in late 2009.
“Turkey displays a pro-censorship and anti-democratic stance with closure cases against political parties. It is difficult to talk about democracy and an improved understanding of administration in a country where many political parties face closure cases,” complained Mustafa Kamalak, a constitutional law expert.
Kamil Uğur Yaralı, head of the Jurists’ Association, said closure cases prevent Turkish democracy from improving. He suggested that the launch of closure cases against political parties be made difficult through a law that complies with the Venice criteria.
According to the principles formulated by the Venice Commission, only political parties that use violence for their political ends can be closed. Parties that are involved in terrorism and racism can also be shut down.
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