Erdogan into legal battle – wants a new constitution

Turkish President Recep Tayyip Erdogan takes a public stand in a battle between the highest levels of the judiciary.

When the Constitutional Court considers that a jailed opposition politician should be released, Erdogan sees “mistakes” – and opens for a new constitution.

– In this situation, it is unfortunately the case that the Constitutional Court has made many mistakes, one after another. We really regret that, says Erdogan, who for many years has been criticized for putting the separation of powers in Turkey out of play and placing loyal judges on the benches.

The dispute between Turkey’s Constitutional Court and its highest appeals court has been going on for a few weeks. It has its basis in a case where the question is whether the 47-year-old left-wing politician Can Atalay should be considered to have immunity as he has been elected to the Turkish parliament, or whether he should remain in prison.

Challenged judgments

Atalay is one of seven people sentenced last year to 18 years in prison in a high-profile and contested trial in which one of his co-defendants was award-winning philanthropist and activist Osman Kavala. They were convicted of being involved in the 2016 coup attempt against Erdogan.

In the elections in May this year, Can Atalay ran from prison – and was elected as a member of Turkey’s Grand National Assembly.

The Constitutional Court ruled a few weeks ago that Atalay thus has immunity from prosecution by virtue of his office and that he must be released from prison.

The Supreme Court this week sat cross-eyed, refusing to follow the Constitutional Court’s decision and ordering an investigation of its judges.

Demonstrations

A few hours after Erdogan gave his first comments on the litigation, he issued a slightly more subdued addendum in which he emphasized that his government should not be seen as a party to the case – “but as a referee (in sports)” whose job it is to consider what the country needs.

– When we look at it from that perspective, we see a need to give our country a new constitution, says Erdogan.

Hundreds of members of the Turkish Bar Association demonstrated against the Supreme Court ruling in Ankara on Friday. The main opposition party CHP calls the decision a “coup d’état against the parliament”.