No need to be disappointed, dear president
In your speech you delivered in the southwest town of Burdur, you said the Constitutional Court (AYM) had unlawfully announced the decision first and then days later announced its justification: “The president of the AYM had personally told me earlier that they would never announce decisions before preparing the justification. However, when this incident occurred, I was really sad. I am saying from here: I am very disappointed. Why is that so? It is because honesty is what goes with that position.”
You are right. According to the constitution, the AYM cannot announce an annulment decision without publishing its justification. You are also right that AYM President Zühtü Arslan, even before he was a member of the top court, was arguing in his books and articles that “it is against the constitution that a decision is announced without first publishing its justification.”
However, dear president, the decisions which cannot be announced without publishing the justification are the “annulment” decisions of the AYM. The principle that says a decision cannot be announced before its justification is published does not cover “individual application” files.
Dear president, the decision about the release of jailed journalists Can Dündar and Erdem Gül is not an “annulment” decision. It is a decision ruled after an individual application. Because the principle that applies for annulment decisions does not cover individual application files, there is no wrongdoing here.
Dear president, please discuss this aspect with your legal advisors and obtain information from different legal sources.
Then you will see that there is no need for resentment against AYM President Arslan. And again you will see that the person who occupies the post at the head of the top court has not adopted an unsuitable stance.
If I were Can and Erdem
When we look at official statements, none of the authorized people are saying, “We have put these two through the agony of 90 days in Silivri prison just because they wrote a story. Let us leave them alone now.”
Nobody is saying, “Whenever we visit a Western country, this issue is brought up. Let us leave this issue.”
Nobody is saying, “Let us take the AYM’s decision as an opportunity and not follow up.” Nobody is saying, “While the country has dozens of other problems, we are giving the impression that we are yearning to re-jail these two journalists.”
If I were in place of Can Dündar and Erdem Gül, I would ask: “Just tell me please, how many more days, weeks, months or years in Silivri prison would you like us to serve to make you comfortable?”
The İzmir Şifa University rector has been arrested. The members of the “community” are writing on social media that this man is a world-famous scientist and that he has many achievements.
I’m sorry, but dear community member, these words have no effect.
Because it was you who defended the structure when only yesterday world famous scientist Prof. Mehmet Haberal was jailed; when he was taken to the hospital infirmary, you made headlines that he was escaping prison…
Because it was again you who defended a structure that was trying to make prison a grave for Prof. Fatih Hilmioğlu after he suffered numerous health problems plus cancer and after a heavy depression following the death of his son.
This world is a place where what comes around goes around, my dear member of the community.
This is what is happening.