Justice minister advocates new charter amid judicial row

ANKARA

Justice Minister Yılmaz Tunç has proposed the necessity of drafting a new constitution in the wake of a deepening disagreement between the Constitutional Court and the Supreme Court over the imprisonment of MP Can Atalay.

The minister's proposition aligns with the long-standing efforts of the government.

The recent discord between the courts stems from the imprisonment of Can Atalay, a member of the Workers' Party of Türkiye (TİP) who was elected to parliament in the May polls.

While the Constitutional Court deemed Atalay's incarceration a violation of his "right to be elected" and "personal freedom and security," the Supreme Court did not comply with the decision, sparking an unprecedented legal battle.

Atalay, sentenced to 18 years in prison last year in connection with the 2013 Gezi Park protests, remained in detention despite the top court's violation of rights decision. The Supreme Court's move to file criminal complaints against the Constitutional Court members further complicated the legal landscape.

Addressing the need for constitutional reform at a program held in the capital Ankara, Tunç expressed concerns that the changes made within the constitution in recent years had not eradicated the "coup spirit ingrained in the text" since the 1980 military coup.

Tunç argued that the emerging differences of opinion between high courts "underscore the imperative for a new constitution," emphasizing broad consensus in its drafting process.

"We are obliged to write a new constitution by consensus in the parliament, taking into account the opinions of the parties in the Turkish Grand National Assembly, our parties outside the parliament, non-governmental organizations, bar associations, universities and broad segments of society," Tunç stated.

Touching upon President Recep Tayyip Erdoğan's recent emphasis on the "Constitutional Court's caseload" problem, Tunç highlighted the staggering 130,000 files pending in front of the top court, asserting that the current number of court members, 15 in total, is insufficient for handling such a workload.

For any constitutional amendment proposal to be accepted without a referendum, it requires 400 votes, and for it to be submitted to a referendum, 360 votes are necessary. As of the current composition of the Turkish parliament, ruling People's Alliance partners have a total of 324 seats, potentially necessitating broader collaboration for constitutional amendments.

The minister's call for a new constitution comes amid heightened political tensions, with opposition leader Özgür Özel describing the Supreme Court's actions as a "coup attempt."

Erdoğan, for his part, has positioned himself as a "referee" in the debate. The president earlier accused the Constitutional Court of "repeating mistakes."