Top court to make first examination on HDP closure case on March 31
The General Assembly of the Constitutional Court will make the first examination of the case filed demanding the Peoples’ Democratic Party’s (HDP) closure on March 31.
On the same day, the high court will also examine the application made by former HDP MP Ömer Faruk Gergerlioğlu requesting the annulment of the decision to remove his parliamentary seat.
On March 17, the Supreme Court Chief Public Prosecutor’s Office filed a lawsuit against HDP for its closure on the grounds that it has links with “terror acts.” The constitutional court had to complete its first examination within 15 days. Thus, the first review will be brought before the court 15 days after the case is filed.
If the Constitutional Court does not see any deficiency in the file of the prosecutor’s office at this meeting, it will accept the case and the indictment for closure will be sent to the HDP for pre-defense.
The HDP has to plea within the time allowed by the Supreme Court. The party, however, will be able to apply for an extension of this period. The additional time request will be decided by the Constitutional Court.
After the preliminary defense is given by the party, the Supreme Court Chief Public Prosecutor Bekir Şahin will present his opinion on the merits. Şahin’s opinion will be sent to the HDP. Then, he will make a verbal statement and HDP officials will make a verbal defense. Following this process, the reporter will collect information and documents on the case and prepare a report on the merits.
The delegation of the Constitutional Court, comprising 15 members, will decide on the closure case of the HDP. One of the potential outcomes of the lawsuit is the closure of the HDP.
Instead of a permanent dissolution, the 15-member Constitutional Court may decide to partially or completely cut off state aid to the party, depending on the severity of the acts in question.
The 609-page indictment said the permanent closure of the HDP was a legal obligation for the indivisible integrity of the Turkish state, and peace and security of the nation. It said the party should also be fully deprived of the treasury grants.