Hayri Demir
The tenure of Zühtü Arslan as the head of the Constitutional Court, a period marked by pronounced judiciary-politics crises, has come to an end today on 21 March with the election at the top court . Kadir Özkaya, elected as the new President of the Constitutional Court, will begin his term on April 20, following the conclusion of Arslan's service.
Appointed to the Constitutional Court on April 17, 2012, by then-President Abdullah Gül from a list of three candidates suggested by the Higher Education General Assembly, Arslan was elected as the Court's president on February 10, 2015. His tenure became a focal point for visible tensions between the judiciary and the government, especially as he and the court’s decisions faced increasing criticism from the ruling party and its ally, the Nationalist Movement Party (MHP).
President Recep Tayyip Erdoğan openly disregarded the Court's rulings in the cases of journalists Can Dündar and Erdem Gül, while the MHP reacted to the Can Atalay verdict with calls to "immediately shut down the Constitutional Court." The judiciary faced unprecedented events, including the Supreme Court's criminal complaints against the Constitutional Court members who ruled in favor of Atalay's rights.
One of the key drivers of the court's heightened profile in political debates was the individual application mechanism introduced after the constitutional amendment referendum on September 12, 2012. The court's decisions, particularly in cases involving politicians and journalists, made it a target for political backlash.
Notable Decisions Under Arslan's Leadership
Under Arslan’s leadership, the court delivered several landmark decisions:
- In a decision against the 2013 ban on Twitter, linked to the Gezi Park protests, the court held that the ban was a violation of freedom of expression, drawing criticism from Erdoğan and other government officials.
- The court faced increased tensions with the government over its rulings in favor of journalists Can Dündar and Erdem Gül in 2016 and academics of the Peace for Academicians initiative.
- Arslan signed off on a decision about former HDP Co-Chair Selahattin Demirtaş, stating the local court's failure to address allegations about restrictions on his rights.
- The court, with Arslan dissenting, rejected a violation claim by businessman Osman Kavala, detained over the Gezi Park protests.
Tensions with Government and Controversies
- Internal Minister Süleyman Soylu criticized the court for overturning a decree on security investigations under the state of emergency following the 2016 coup attempt.
- The court faced further strains over its ruling that overturned a legal amendment banning interstate highway demonstrations, eliciting harsh comments from Soylu.
- The Constitutional Court's decisions on cases such as Enis Berberoğlu's led to heightened tensions, with indirect confrontations between the court and the Ministry of Interior.
- In a significant ruling, the court declared several articles of the presidential decree as unconstitutional following a challenge by the opposition CHP, just months before Arslan's departure.
Arslan's Closing Remarks
In his farewell speech, Arslan emphasized the constitutional obligation to comply with the court's decisions, addressing these remarks in the presence of President Erdoğan. His tenure, while influential, was marked by significant controversies and conflicts between the judiciary and political powers in Turkey.
