DTP CLOSURE CASE

Rapporteurs of the Constitutional Court prepared a paper that suggests a closure case for the pro-Kurdish Democratic Society Party (DTP).

As reported by the Turkish news channel NTV, the report applies the Venice criteria regarding the closure of a party because of exploiting violence as a political tool.  In the report it is argued that DTP's activities "reached a focus of opposing the country and the state's indivisible unity".

The reports also includes allegations such as a lack of distance kept to the militant Kurdistan Workers' Party (PKK), using PKK's rhetoric and harming the unity of the state by requesting democratic sovereignty.

The report is not binding upon a court decision, but it qualifies as guidance.

The Constitutional Court announced on 3 December that the general issue of the trial will be discussed on 8 January.

7 out of 11 votes are needed

A closure case against DTP depends on the decision of the Constitutional Court Delegation. In case one of the 11 members of the delegation is absent or retired, the most senior members of the four substitute members will take the vacant place.

Due to the latest amendments in the constitution, the majority vote is requested for closure decision of a political party. This means that at least 7 members of the delegation have to vote for the closure in order to reach a decision.

Between 1963 and 1980 the Constitutional Court voted for the closure of 8 political parties. Since 1980 it gave another 16 closure decisions.

Case pending since 2007

Supreme Court Public Prosecutor Abdurrahman Yalçınkaya send his indictment to the Constitutional Court on 16 Novemer 2007. He claimed to close down DTP and impose a political ban on its leaders. Yalçinkaya requested to set down measurements to DTP in January 2007. However, the court rejected his request and the party was able to run for the local elections on 29 March 2008.

In its preliminary defence in February, DTP stated that the case is a political issue. In the written defence submitted in June 2008 the party claimed that 129 activities of the 149 events quoted in the indictment were held under the scope of freedom of speech and freedom of association. Furthermore, several news shown as evidence did not constitute legal evidence, the party said. Prosecutor Yalçınkaya renewed his demands stated in his previous announcement in June.

DTP presented its written defence in September 2008.

Ever since, the trial was pending while the court was waiting for the rapporteurs' report. (TK/VK)