CHP files complaint on prosecutor who 'mistakenly' summoned Kılıçdaroğlu

ANKARA

The subpoena sent to the CHP headquarters is openly in violation of Article 83 of the Constitution, which covers parliamentary immunity, the party says. AA Photo

The main opposition Republican People’s Party (CHP) has filed a complaint to Turkey’s top judicial body concerning an Istanbul prosecutor who “mistakenly” invited the main opposition leader to testify as a suspect in an undisclosed investigation.

A petition of complaint filed by CHP Deputy Chair Bülent Tezcan to the Supreme Council of Judges and Prosecutors (HSYK) on April 30 argued that prosecutor Mehmet Demir committed “a constitutional crime,” the CHP said in a written statement.

The Istanbul Chief Prosecutor’s Office on April 29 issued a written statement after the invitation was made public, saying the document was sent to the CHP headquarters “by mistake,” but the admission has failed to sooth reactions both from the main opposition and the ruling parties.

Kılıçdaroğlu is both the CHP leader and a deputy for the province of Istanbul, Tezcan recalled in his petition, referring to the fact that Kılıçdaroğlu is, thus, immune from prosecution as he is a lawmaker besides being the CHP leader.

Thus, the subpoena sent to the CHP headquarters is openly in violation of Article 83 of the Constitution, which covers parliamentary immunity, Tezcan said.

“Members of the Grand National Assembly of Turkey shall not be liable for their votes and statements during parliamentary proceedings, for the views they express before the assembly, or, unless the assembly decides otherwise, on the proposal of the bureau for that sitting, for repeating or revealing these outside the assembly. A deputy who is alleged to have committed an offense before or after elections shall not be detained, interrogated, arrested or tried unless the assembly decides otherwise,” says Article 83.

In the case of reasonable doubt, a prosecutor shall draft a summary of proceedings about the suspected lawmaker in order to be sent to the parliamentary speaker’s office, Tezcan underlined. However, the prosecutor skipped this process and directly called on Kılıçdaroğlu to testify, he noted.

“It [such a wrongful implementation of the procedure] would lead up to shaking confidence in the judiciary and a conviction that a special practice is being applied to a person. As a matter of fact, the subpoena drafted about Mr. Kılıçdaroğlu found its place in the press and this unfair practice has been met with sadness by the entire public,” Tezcan said, elaborating on his argument for opening the investigation against Prosecutor Demir.