The court can find the ruling party not guilty and dismiss the case, or convict it and either fine or ban the party and some of its leaders, in which case the government will collapse and early parliamentary elections will be called, possibly for November.
On March 14, Supreme Courts of Appeals Chief Prosecutor Abdurrahman Yalçın-kaya requested the closure of the AK Party on the grounds that it had become a "focal point of anti-secular activities" and a ban on political party membership for 71 of its high-level officials, including Prime Minister Recep Tayyip Erdoğan and former AK Party member President Abdullah Gül.
Turkey’s politicians, the European Union and foreign investors are anxiously awaiting a verdict in the closure case, which has drawn Turkey into a period of political uncertainty, hurting financial markets and slowing its reform process.
A statement released yesterday by the Supreme Court of Appeals Chief Prosecutor’s Office noted that closure cases against political parties are opened to protect the democratic order in the country and are not influenced by such factors as political statements or developments.
“We condemn all news stories, comments and statements claiming that the Supreme Court of Appeals was directed [by certain circles] to file lawsuits for the closure of political parties and regard such attacks against our institution -- the guardian of our state, governed by the rule of law -- as unacceptable,” read the statement.
The statement came in the wake of allegations that the closure case against the AK Party was launched as an intimidation tactic to deter the ruling party from its efforts to eradicate a political crime gang known as Ergenekon. Ergenekon is believed to have been preparing for an overthrow of the government. Scores of suspects have so far been either detained or arrested as part of an ongoing investigation into the gang.
The Constitutional Court will continue its deliberations on consecutive days until it reaches a verdict. In similar cases of the past involving party closure, the court took a few days to reach its decision, and it is expected to be the same in the AK Party case.
Court rapporteur Osman Can filed his recommendation to the top court on July 16 and advised the court not to disband the AK Party, refuting claims that the party’s agenda and program was against secularism. “The AK Party has not become a focal point of anti-secular activities as defined in Article 68 of the Constitution. It has not violated the relevant articles of the Law on Political Parties which require the closure of a political party,” read Can’s report.
The Constitutional Court’s verdict on the AK Party closure case cannot be announced until the court finishes writing its decision along with a statement of justification, which is expected to take a few days.
The members of the Constitutional Court will state their opinions on the case to one another in order of seniority. A qualified majority, or seven of the 11 votes, is necessary for party closure. According to Article 69 of the Constitution, the court can decide to cut off Treasury funds completely or partially instead of closing parties, depending on the seriousness of the offenses cited in the indictment.
If the court bans the party, the government will be dissolved and the remaining AK Party deputies will become independent deputies who may form a new party or join an existing one. Commentators say the most likely scenario would then be early parliamentary elections. Prime Minister Erdoğan would likely regain the office of prime minister as an independent.
The AK Party won a landslide victory in elections last year and has carried out pro-EU reforms and secured strong economic growth since coming to power in 2002. The closure case has deepened divisions between the AK Party government and an elite group of military, judicial and academic officials who regard themselves as the guardians of the secular order in the country.
Their power struggle with the AK Party flared up in January when the government lifted a ban on female students wearing the Islamic headscarf on university campuses. The Constitutional Court later annulled the reform.
Turkey’s bid to join the EU may receive a serious blow if the governing party is shut down.
“If Turkey is going to get into the EU, which we strongly support, it has to adhere to European standards. So there needs to be an evolution of the democratic system, and that’s what is under way,” said Matthew Bryza, the US deputy assistant secretary of state for European and Eurasian affairs, in an interview with Reuters last week. Since its establishment in 1962, the Constitutional Court has banned 24 political parties in Turkey. A number have been closed on the grounds of violating the principle of secularism, others for religious fundamentalism, others for their emphasis on Kurdish identity -- which the court stated posed a threat to the territorial integrity of the Turkish Republic -- and still others for their alleged communist ideological agenda.
European court takes up petition on AK Party closure case
The European Court of Human Rights has accepted a Turkish citizen’s appeal for a quia timet injunction on the AK Party closure case. Ali Sezer lodged an application with the court in July for the Turkish governing party not to be disbanded. The court agreed to take up the case earlier this week and announced that the case may be heard in four or five months.
In the meantime, the Constitutional Court rejected another citizen’s application to prevent four regular court judges from contributing to a verdict on the AK Party case on the grounds that third parties don’t have the right to make applications to the top court. Ömer Özgür Korkmaz lodged an appeal with the top court yesterday, saying he doesn’t believe four judges, namely Haşim Kılıç, Osman Paksüt, Ferruh Kaleli and Necmi Özler, will give an impartial verdict on the AK Party closure case.
Korkmaz’s lawyer, Mustafa Kemal Turan, who spoke to the Anatolia news agency on behalf of his client, said his client doesn’t have confidence in the impartiality of these four judges. “Kılıç is known for his proximity to the AK Party. Paksüt is known to have spoken in favor of AK Party closure. We don’t trust in Kaleli’s impartiality, and Özler has a military background. We don’t believe these four will be impartial in their verdict,” Turan said.
EU Commission spokesman Amadeu Altafaj Tardio said yesterday that the union will look into not only the court decision on AK Party closure case but also its legal grounds. “It wouldn’t be proper to speak about the case’s prospective influence on Turkey’s EU bid before the case is concluded. We need to examine the verdict. We will consider not only the verdict but also its legal grounds,” he said. Tardio also noted that everyone has to respect the court and highlighted the importance of the principle of separation of powers.
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