Constitutional Court President Haşim Kılıç criticized Turkish politicians last Wednesday for failing to pass a law that would make it more difficult to open closure cases against political parties while announcing the court’s verdict on a closure case against the ruling Justice and Development Party (AK Party). “Our court is not pleased to deal with party closure cases. We have trouble discussing such cases. Our politicians should draft the necessary regulations to make it more difficult to file closure cases,” he said.
The same court, however, overruled a regulation in 2000 passed by Parliament to make it more difficult to disband political parties upon a request by then-Supreme Court of Appeals Chief Prosecutor Vural Savaş on grounds that it should be easy to shut down parties.
Parliament amended the Law on Political Parties in 1999 and made it a must for political parties to become the “focal point of” any accusation directed at them. Savat, however, appealed to the Constitutional Court in 2000, arguing that the said regulation was against the Constitution, that party closures should not be made more difficult and that political parties deemed a “threat” to the territorial integrity and the secular order of Turkey should be disbanded easily.
The top court ruled on Dec. 12, 2000 that the regulation made party closures too difficult and decided to annul it. In the same year, the court said the then-main opposition Virtue Party (FP) had violated a law that prohibited religious activities that could undermine the secular government. The FP was then permanently closed for activities that contravened the principle of the secular republic.
The Constitutional Court has so far disbanded more than two dozen political parties since its establishment in 1960. The main reason for the closures was either being a hotbed of anti-secularism or terrorist activities.
A closure case filed against the governing AK Party was rejected last week by the court, which decided instead to impose financial sanctions on the party. The AK Party faced the risk of closure on charges of being a focal point of anti-secular activities.
A closure case against the pro-Kurdish Democratic Society Party (DTP) is currently under deliberation at the Constitutional Court. The case was lodged against the party in November of last year on the grounds that the party was advocating terrorism.
CHP: Making party closures difficult will make Turkey lose another year
Main opposition Republican People’s Party (CHP) group chairman Hakkı Suha Okay told reporters yesterday that a constitutional amendment aimed at making party closures more difficult would make Turkey lose another year as it gets bogged down in debates.
“The AK Party is drafting a new constitution that will respond to its own needs. The constitution it is preparing will make party closures more difficult. However, such a debate will make Turkey lose another year. Discussions sparked by a series of constitutional amendments on removing a headscarf ban on university campuses accelerated the closure case filed against it. Turkey lost one year amid these debates. Amending related articles of the Constitution to make it more difficult to disband political parties will make Turkey lose another year,” he stated.
Okay said heading for a constitutional amendment in a period when the country was going through hard times would cause tension within the society.
“Constitutions are documents through which we will look back and learn the necessary lessons. Why are we heading for a constitutional amendment now? To prevent the closure of a political party that may become the focal point of anti-secular activities. Why doesn’t this party fulfill its constitutional obligations instead of amending articles of the Constitution it considers obstacles in its path?” he asked.
Benzer Haberler 
Politics
