Notes On The Detention Of Hdp Mps On 4 November 2016
Tokyo Büyükelçiliği 10.11.2016
- In accordance withtheConstitutional amendmentenacted in lastJuneconcerning 810 pending case files in respect of 154 MPs,the immunity of theseMPswas lifted.
- In this context,AKParty, CHP and MHP deputies, including Partyleaders,have alreadygiven depositions before the judiciary in complying with the law.
- On the other hand, despite several calls from judicial authorities, MPs from HDP havedeclined to do so.They even publicly declared that they wouldnot givedepositions to judicial authorities.
- Judicial authorities are obliged to perform the duties of investigation and prosecution that are assigned to them, in accordance with the principle of equality before the law pursuant to Article 10 of the Constitution and the relevant legislation.
- In this regard, the Courts are requiredto conclude the proceedings by taking statements and initiating interrogations by means of issuing compulsory attendance or arrest warrants, for those declining to be summoned. No different or special practices can be applied to anyone.
- Public prosecutors havethusissued warrantson 4 Novemberfor those MPs with a view to overcoming this situation that inevitably leads to obstruction of justice regarding their files involving terrorism-linked charges.
- To this end, on the early hours of 4 November 11MPs have been taken into custodyfor their transfer to judicial authorities. Regardingone MP from HDP who had previously responded to call fordeposition, no warrant has been issued.
- The processcontinuesin accordance with our national legislation, being conductedin line with the principles of the rule of lawand in observance of our international obligations.
- It should be borne in mind that this is an ongoing judicial process. No one is above the law.Intervention withthe independence of justice should be avoided.
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