Yargıtay The Knot

Issue #187

A Nobel prize winner has joined our ranks in the Turkey pun game and it’s a rakip-sizzler. 

We should’ve seen this coming, just like the NYC mayor’s Turkey troubles after he got an honorary plaque from Bahçeşehir University in 2015 …

In this week’s issue:

• Top Turkish courts engage in legal battle

• Özel elected new head of CHP

• Fury, boycotts grow against Israel

• Urban renewal law sparks controversy

• EU report finds ‘deficiencies’ (again)

• Inflation, bonds and job market updates

• A legal dispute runs a Pamuk

And don’t miss Wouter Massink’s report on İstanbul’s vacant homes, as well as Verda Uyar and Diego Cupolo’s piece on how Turkey’s Jewish community is experiencing the Israel-Hamas war.

I fought the lawn, and the lawn won. © Constitutional Court

Another "coup" happened this week in Turkey, according to many commentators, yet there were no sonic booms or gunshots reported like in 2016. 

This time, it was quiet and took place between two top courts. The Supreme Court of Appeals (Yargıtay) did not accept the Constitutional Court’s (AYM) recent ruling for the release of TİP MP and lawyer Can Atalay. Yargıtay also filed criminal charges against members of the AYM.

Why are many legal experts calling this a coup? 

In the Turkish legal system, Yargıtay is the top bench of appeals for those who have exhausted all domestic remedies. On the other hand, AYM examines the constitutionality of lower courts’ verdicts or laws.

Lawyer Hazal Halat said while there’s no definite hierarchy between the two courts, Yargıtay must abide by AYM decisions. 

"It's not a legal matter to debate," Halat told Turkey recap. "What the AYM says is binding for everyone. If the Yargıtay says I'm not following it, how can we expect citizens to?" 

How and why did this happen? 

Many observers in Ankara defined the situation as a political crisis rather than a legal one. 

"Yargıtay's resistance to the Atalay verdict shows that a war between [the AKP and MHP] has started," journalist Alican Uludağ wrote on X. 

While several AKP members criticized Yargıtay's move, the MHP appeared happy with it. In addition to MHP chair Bahçeli's previous demands for the AYM's closure, the party's VP in charge of legal affairs, Feti Yıldız, defined the AYM’s actions as political activism.

"They [AKP] gave a lot of power to MHP, and are now trying to deal with it," a senior MP told Turkey recap, requesting anonymity. "MHP got stronger, especially in the judiciary and police.”

The source continued, “There has been a quiet war between the government partners for a while. Now, it has become more apparent and the results of the recent fight between AYM and Yargıtay will define the winner of this war."

What next? 

Former rapporteur judge for AYM Osman Can told BBC Türkçe that even discussing the possibility of putting AYM members on trial in this context is absurd.

According to Turkish law, only the AYM general board can investigate charges against its members. Also, in order for the board to assemble, it needs at least 10 of 15 members, legal experts told Turkey recap. 

The problem here is that Yargıtay wants 9 of them to be investigated, and the board does not have the numbers to do it. 

"I've checked all related laws to find out if there is a way to do it. There is none," journalist Gökçer Tahincioğlu, who focuses on judicial affairs, told Turkey recap. 

"I see two options here," he continued. "AYM can either leave the complaint in doubt by citing technical impossibilities, or they can deny it and file a counter-complaint against Yargıtay. If they choose the second option, it means we’ll have a major judiciary crisis."

– Gonca Tokyol