Refusal of HDP's demands from the Constitutional Court

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  • 16:20 20 September 2022
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ANKARA - The Constitutional Court rejected all HDP's requests for additional evidence.
 
The Peoples' Democratic Party (HDP) submitted a defense to the Constitutional Court (AYM) on the additional evidence in the closure case on July 26. In the 13-page defense, it was demanded that the papers filed against the arrested HDP Diyarbakır MP Semra Güzel and former MP Behçet Yıldırım and presented as evidence for the closure, the AYM member Kenan Yaşar's withdrawal from the case due to "comments reflecting bias" and the case be rejected. In the defense, they were asked to notify them of the Turkish solutions regarding the Kurdish audio recordings sent in CD form. There are 281 audio recordings in the two CDs presented by the Supreme Court of Appeals Chief Public Prosecutor's Office as additional evidence for the closure.
 
IT WAS DEMANDED THE DISMISSAL OF THE CASE
 
In the defense, which also includes procedural objections and judicial decision, it was noted that the investigations and police investigation reports, which were accepted as additional evidence, had no legal connection with the closure. In the defense, it was stated that the investigations opened against Semra Güzel date back to before she became a HDP member and that the investigation continues. The defense demanded the dismissal of the case based on the reasons explained.
 
THE REQUEST OF COMMENTS REFLECTING BIAS
 
In addition, in the defense, it was pointed out that Kenan Yaşar, the last elected Constitutional Court member, could not act impartially in the case and was asked to withdraw from the case. In the defense, the following justifications were listed for the request: "The determination that the relevant document would be accepted as 'additional evidence' was made in the dissenting vote of Yaşar, a member of the Supreme Court. The dissenting vote of Mr. Kenan Yaşar, a member of the High Court for the above mentioned and all other legal reasons. Since it is in the nature of comments reflecting bias, HDP should be withdrawn first from the closure case."
 
DECISION HAS NOT BEEN COMMUNICATED
 
The AYM denied all such requests. Party representatives stated that the decision has not been communicated to them yet. Party representatives stated that their request for "comments reflecting bias" for AYM member Kenan Yaşar was rejected and they estimated that a 30-day period was given for 281 Kurdish voice recordings.
 
 

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