Thanks from Kemal Kılıçdaroğlu to Constitutional Court Presiding Judge Zühtü Arslan

CHP General Chair Kemal Kılıçdarolu addressed the Party Assembly meeting held at CHP headquarters. Kılıçdaroğlu, reiterating the comments made by Constitutional Court Presiding Judge Zühtü Arslan at the ceremony marking the 55^th anniversary of the establishing of the Constitutional Court, said, ‘The Presiding Judge of the Constitutional Court has clearly and unambiguously pronounced that the referendum was tainted. I thank him for his sensitivity.’

Kılıçdaroğlu, stating that the Supreme Election Council (SEC) passed its unlawful resolution after the ballot boxes had been opened, said, ‘Who did the judges of the SEC who passed this resolution get the instruction from? This poll is not legitimate and those on the SEC who passed this resolution lack morality.’

Kılıçdaroğlu, saying, ‘We went to the Council of State because they took the wrong decision,’ commented, ‘If a judge has been awarded discretion in a statute, we will greet such a decision with respect, but, if there is an express provision in a statute, the judge must comply with that article. The SEC breached a statutory article.’

Some notable sections of Kılıçdaroğlu’s speech were as follow:

A little earlier, I participated at the ceremony marking the 55^th anniversary of the establishing of the Constitutional Court. We hold judges in high esteem for as long as they distinguish between right and wrong as they perform their duties. The rulings rendered by the Constitutional Court must be exemplary, not just for Turkey, but for the world. Justice is based on respect for the rules of law.

The concepts of rights, the law and justice are mutually complementary concepts. Justice is the common basis of all faiths. If we bring about justice within the rules of law there is no problem. It is also our common resolve for the SEC to act with justice. Elections and referendums are held under judicial management and supervision.

We went to the Council of State because they took incorrect decisions over management. The reason for the SEC’s existence is to ensure that a just poll is held. Did the SEC perform its duty to manage? It did. But, in performing its managerial duty, it breached express statutory provisions. As per Article 98 of the Election Law, envelopes lacking the sub-province election council and polling committee stamp are invalid. It is this straightforward.

THE RESOLUTION THEY PASSED RUNS COUNTER TO THE CIRCULARS THEY THEMSELVES HAVE PUBLISHED

The question is: Why, in the face of this express provision, were unstamped envelopes deemed to be valid? Article 101 of the Election Law: ‘Voting slips that do not have the polling committee’s stamp on their rear are invalid.’

This runs counter to the circulars they themselves have published. They passed a resolution contrary to the training they themselves gave. After 5 pm. After the AKP’s representative at the SEC made an application, they deemed votes that should not have been counted valid.

THE PRESIDING JUDGE OF THE CONSTITUTIONAL COURT HAS CLEARLY AND UNAMBIGUOUSLY PRONOUNCED THAT THE REFERENDUM WAS TAINTED

The Constitutional Court’s Presiding Judge, Arsan, said at the ceremony, ‘To amend statutes through interpretation is to amend the constitution through intervention by the courts.’ The Presiding Judge of the Constitutional Court has clearly and unambiguously pronounced that the referendum was tainted. I thank him for his sensitivity.

Who did the SEC get this instruction from? This is not legitimate. The referendum is not legitimate. Those on the SEC who passed this resolution lack morality. A person who does not sell their pen and conscience merits the name of judge.

What were you promised? We have not obtained your answer. Did the power that said, ‘Break the law – we are behind you’ promise that you would be members of parliament? They have cast a shadow on the office of judges. Judges do not go out and harvest the tea under the rulers’ protection. Turkey cannot be governed under this constitutional amendment.