Statement from Bozdağ on the CHP’s Council of State application (22.04.2017)

Minister of Justice Bozdağ has made a statement about the CHP’s application to the Council of State. Bozdağ has said that YSK rulings cannot be appealed to any authority, including the Council of State and the Constitutional Court. Bozdağ said, ‘YSK rulings cannot be appealed to any authority, including the Council of State and the Constitutional Court. The Council of State and Constitutional Court have no other option apart from throwing it out.’

Minister of Justice Bekir Bozdağ made a comment in messages posted on Twitter on the CHP’s application. Bozdağ’s message is as follows:
‘With regard to electoral matters, the task of examining and passing binding rulings on all improprieties, complaints and objections falls to the Supreme Election Council (SEC).’
‘Rulings passed by the SEC cannot be appealed to any court/authority, including the Council of State and the Constitutional Court.’

‘Should, despite this, application be made, the Constitutional Court or Council of State have no other option apart from throwing it out’

‘Indeed, the Constitutional Court has ruled similar applications that have been made to be ‘unacceptable’ and the Council of State has passed tens of denial rulings on the same grounds.’
‘Constitutional Court rulings and procedures that the Constitution has placed outside judicial control cannot be the subject matter of individual applications.’

‘There is no decision higher than the people’s decision in democracies. The judiciary that passes decision on behalf of the people cannot overrule the decision made by the people at the ballot box.’
‘Decisions made by the people cannot be appealed to any court/authority whatsoever. Absolutely no court may quash/amend decisions made by the people.’
‘Poll results and the will of the people cannot be dismissed or amended through court rulings. The people’s decision is binding on everyone.’

‘Democrats/those who trust the people accept the people’s decision/respect the people’s decision, even if the people’s decision is not as they wish it.’
‘Only those who are not democrats/do not trust the people fail to accept the people’s decision/respect the people’s decision if what they want does not emerge.’
‘The CHP both passes as being democratic, but does not act democratically, and claims to be popular but does not trust the people.’

‘Can there be a democrat that does not act democratically or a populist that does not trust the people?’ The CHP has not internalised democracy and has been unable to stomach the will of the people.’

‘There exists a CHP that does not believe in the people, does not act democratically, dismisses the will of the people and the law and is taking the people to court. What a catastrophe.’
‘The CHP must know that it cannot obtain from the courts that pass decision on behalf of the people a decision that the people did not take.’

‘Even though there is a constitutional provision that the SEC’s rulings cannot be appealed to any authority, why do you think it is going to the judiciary knowing this?’