Court of Cassation Prosecutor submits his opinion demanding closure of the HDP

After the AKP government and its racist ally MHP had pointed the finger at the HDP, the General Assembly of the Constitutional Court unanimously accepted an indictment to shut down the pro-Kurdish party.

On June 7, the Supreme Court of Appeals Chief Public Prosecutor’s Office submitted a revised indictment to the Constitutional Court, seeking that the Peoples’ Democratic Party (HDP) be closed. The indictment was accepted during the court’s initial examination on June 21.

The 843-page indictment seeks the political exclusion of 451 politicians and a freeze on the party’s bank accounts. The party was provided with 70 additional folders and 8 flash memories related to the indictment, as well as a 60-day defense time.

The HDP Law Commission then applied to the Constitutional Court before the legal period expired and requested additional time for the defense, which was accepted on September 2.

On November 5, the HDP Law and Human Rights Commission filed a preliminary defence with the Constitutional Court (AYM) regarding the closure case against the party. The party’s 173-page defence was submitted to the AYM along with one extra folder.

On November 11, the Constitutional Court sent the preliminary defense of the HDP to the Chief Public Prosecutor of the Court of Cassation, Bekir Şahin. Submitting his opinion on the merits to the Constitutional Court, Şahin reiterated the accusations in the indictment and his request for the closure of the HDP.

In a written statement on Monday, Şahin stated that, “Our opinion for the rejection of the objections and demands raised by the party; closure of the party which is understood to have become the focus of acts against the indivisible integrity of the state with its territory and nation; and for the banning of the party members mentioned in the indictment from acting as the founding member, administrator, supervisor and member of another political party for 5 years starting from the publication date of the decision in the Official Gazette, has been submitted to the Constitutional Court.”

The opinion will now be submitted to the HDP, which will then prepare its main defence on the merits. Afterwards, Chief Public Prosecutor Şahin will make an oral statement, and HDP officials will make an oral defense on the dates specified by the Constitutional Court.

The decision will be made by a court delegation consisting of 15 members. A two-thirds majority, which comprises the votes of the 10 out of 15 court members, is needed to shutter the party.

The decision of the court will be final and binding. The European Court of Human Rights (ECtHR) cannot stop the execution of the decision but can rule a violation.

UNLAWFUL INDICTMENT

The statements of Selahattin Demirtaş, Pervin Buldan and Mithat Sancar during the “solution process” in social media and various events are widely included in the indictment. The Chief Public Prosecutor’s Office added these tweets and statements as evidence of an organic relation between the HDP and the PKK.

The indictment hinted that the Kobane Trial indictment which charged 108 people, 28 of whom are jailed, including top politicians from the party would be added to this indictment: “The statements made by the defendants after the Kobane Protests, the Trench Warfare and the Gare operation, as well as the statements of the families gathering in front of HDP Diyarbakır Headquarter and the statements of the defendants who are charged with being a ‘member of an armed terrorist organization’ and admitted before the court that they joined the PKK-KCK armed terrorist organization through HDP organizations will be included,” the indictment said.

The indictment also includes the baseless allegations of Interior Minister Süleyman Soylu.