Devlet Bahçeli Calls for Shutting Down the Constitutional Court

Nationalist Movement Party (MHP) leader Devlet Bahçeli made an assertive speech at his party's group meeting and said that the Constitutional Court should be dissolved or restructured. In his remarks, Bahçeli targeted Constitutional Court President Zühtü Arslan with the words "Mr. Zühtü, who is pulling your strings" and said: "How will the black-robed collaborators explain the fact that the Constitutional Court urgently examined the case of the prisoner Can Atalay and found a violation of rights when there are 129,140 individual application files waiting to be discussed? Why and why is the same care and attention not shown for the closure of the HDP and other parties? President and members of the Constitutional Court, listen to me. I was entrusted with the land on the shoulders of our martyrs, and their murderers walked among us. Mr. Zühtü, who says that there can be no remote-controlled judiciary or judges, in whose hands is your rope?" Bahçeli also said about the martyrdom of 12 soldiers: "I wonder what the President and members of the Constitutional Court felt in the face of the martyr news? Did their calloused consciences tingle even a little?^[2]

Bahçeli also stated, in reference to the HDP deputies, 'We do not want terrorists in the Parliament. We do not want enemies. We do not want murderers. We don't want the scoundrels who pat the backs of criminals,' and he made a series of suggestions. First and foremost, Bahçeli proposed that the salaries of 57 HDP deputies and the Treasury aid allocated to the party should be immediately cut and redirected towards the fight against terrorism and the support of martyrs' families. Bahçeli also demanded the resolution of pending immunity files concerning these deputies and their prosecution in Court, along with a redrawn definition of parliamentary immunity.

It is deemed unacceptable for Bahçeli to direct his criticisms towards institutions that serve as the bedrock of the constitutional order. The Constitutional Court, in its role as the guardian of individual rights and freedoms, stands as a pillar of legal protection for individuals against the power of the state. Bahçeli's use of the phrase 'who pulls your strings,' specifically aimed at the President of the Constitutional Court, Zühtü Arslan, casts doubts on the independence of judiciary members and appears to exert political pressure on the judicial branch.

Likewise, the measures he proposes in the fight against terrorism could be viewed as sanctions that run counter to the principles of the rule of law and are fundamentally at odds with the presumption of innocence

Devlet Bahçeli's proposals, which link some members of parliament to terrorism and include measures like lifting their immunity and cutting their salaries, pose a significant risk to the democratic functioning of the parliament and the fundamental right to representation of these individuals. This goes beyond typical political disagreements and has the potential to further erode the core democratic principles and institutions that have already faced challenges in Turkey.

In summary, Bahçeli has adopted a harsh rhetoric that raises concerns about the constitutional order and democratic institutions, and it appears to be at odds with the norms of a democratic rule of law. For the sake of the political order and democratic institutions in Turkey, it would be prudent for him to reconsider this stance. Furthermore, such statements serve as a reminder of the importance for all political actors and state institutions to act responsibly by adhering to both national and international legal norms.