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Veysel Ok: Tensions between the Court of Cassation and Constitutional Court Impact Election Security

Veysel Ok: Tensions between the Court of Cassation and Constitutional Court Impact Election Security

 

Veysel Ok, Co-Director of the Media and Law Studies Association (MLSA), discussed the implications of the current rift between the Constitutional Court (Anayasa Mahkemesi, AYM) and the Court of Cassation (Yargıtay) on freedom of expression, the Court of Cassation elections, and the security of upcoming local elections in Turkey. This conversation took place on the March 28 episode of Söz Hakkı, hosted by journalist Yıldız Tar.

Ok noted significant changes in the Turkish judicial system following the 2016 coup attempt, particularly highlighting the increased influence of religious communities in the appointment of judges and prosecutors. "Currently in the Republic of Turkey, you can become a judge or prosecutor with the reference of religious communities," he stated, adding that the legal battles among these communities are now reflected in the decisions of lower courts as well.

Addressing calls for the abolition or limitation of the Constitutional Court's powers, Ok warned of severe consequences. He mentioned that if the AYM loses its authority to order retrials and immediate releases, it would essentially become a mere compensation committee. This would shift the burden of addressing Turkey's legal crisis to the Council of Europe, with cases like those of Selahattin Demirtaş and Osman Kavala already under review. Ok cautioned that if the AYM's powers are curtailed, Turkey could face sanctions ranging from the loss of voting rights to expulsion from the Council of Europe.

Finally, Ok emphasized the broader impact of these judicial tensions on election security, stating that the integrity of elections cannot be limited to ballot security alone.

Söz Hakkı airs live every Thursday at 19:00 on the MLSA's X and YouTube channels, focusing on the state of freedom of expression. Those who missed the March 28 episode can view it on the MLSA's X and YouTube accounts.

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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.