Minister of Justice Tunç commented on the cancellation decision of the Constitutional Court: ‘There is no question of authority dispute’

Minister of Justice Yılmaz Tunç made statements regarding the annulment decisions of the Constitutional Court, the suspension from duty of Hakkari Municipality Co-Mayor Mehmet Sıddık Akış from the DEM Party, and the extradition process of Serdar Sertçelik, the secret witness in the Ayhan Bora Kaplan investigation. Minister of Justice Yılmaz Tunç, who visited Bolu for a series of meetings, made statements to the press at the Bolu Governorship regarding the agenda. ‘Attempted to be misrepresented by some commentators’ Minister of Justice Yılmaz Tunç, commenting on the annulment decisions of the Constitutional Court, said, ‘There are some debates and misunderstandings in the public regarding the annulment of some provisions of the 703 numbered decree law by the Constitutional Court. Before the transition to the Presidential Government System, the 2017 Constitutional amendment was made. With the 2018 elections, the presidential government system practically started after our President was elected at the end of the elections in 2018. Of course, before the Presidential Government System came into force after the 2017 constitutional amendment, the 703 numbered Decree Law, the last cabinet decree law of the parliamentary system, was issued based on the authorization law in the Turkish Grand National Assembly. Of course, the Constitutional Court made a decision that some issues in this decree law needed to be regulated by law. There were some findings of the Constitutional Court that issues that cannot be regulated by presidential decree need to be regulated by law. Of course, some commentators tried to be misrepresented. The duties and powers of the president are clearly listed in Article 104 of our Constitution,’ he said. ‘There is no debate about any authority’ Minister Tunç continued as follows: ‘The President is the head of state, represents the unity of the state, and is the head of the executive branch. The President can issue Presidential Decrees regarding executive matters, these are the superior provisions of our Constitution. The appointment authority of the President for senior executives is also a power stemming from the constitution. It is also stated in our Constitution that matters that cannot be regulated by presidential decree are those related to fundamental rights listed in sections 1, 2, and 4 of the 2nd part of our Constitution, political rights, the President cannot issue decrees. At the same time, if there is a law, if a subject has been regulated by law, it is also stated that the presidential decree cannot be issued on that subject. It is also stated that the Presidential Decree cannot be issued on issues that need to be regulated by law. There is no debate about any authority regarding appointments. It is just a Constitutional Court decision that within a 12-month period after the conflicts with the cabinet decree law, the issues that need to be regulated by law need to be regulated by the Turkish Grand National Assembly. Therefore, the appointment authority for senior executives is a power stemming from the constitution and the President can also issue presidential decrees regarding the executive. Of course, in the parliamentary system, due to the detailed nature of laws on all matters, there is a limitation on issuing Presidential Decrees in the Presidential Government System. Our parliament is expecting intense work on the enactment of these harmonization laws, with changes in our laws, and if necessary, constitutional amendments, to eliminate all these debates arising from differences in interpretations in laws and constitutions, and to establish a democratic, civilian constitution at the beginning of the Turkish Century of the Republic, hopefully ending all these debates,’ he said. ‘It is a disrespect towards our President’ Minister of Justice Yılmaz Tunç also made statements regarding the suspension from duty of Hakkari Municipality Co-Mayor Mehmet Sıddık Akış from the DEM Party. Minister Tunç said, ‘The Republic of Turkey is a state of law. There are rules in a state of law, there is a constitution. Everyone is bound by this constitution and laws. Therefore, everyone is obliged to comply with these rules. Our country has been fighting terrorism for 40 years, and we have paid a great price in the fight against the separatist terrorist organization. We have martyrs. Unfortunately, the biggest obstacle to the development and progress of our country has been the terrorist organization in all its forms. In this sense, we must be united and together as a nation in the fight against terrorism. Especially those elected by the votes of the people, those who want to engage in democratic politics, both in the parliament and in local governments, must avoid attitudes and behaviors that will disrupt the unity and solidarity of our nation in the fight against terrorism. Lowering the picture of our esteemed President, who represents the unity of the state, with some statements made accompanied by cameras, is an attack on our unity. Therefore, it is a disrespect towards our esteemed President. It is also an attitude and behavior aimed at disrupting the unity and solidarity of the nation. If the Republic Prosecutors see a criminal element, they are already opening an investigation as an independent and impartial judiciary. Such an investigation has also been opened in Tatvan. We should not give room to such attitudes and behaviors that aim to disrupt the unity and solidarity of our nation, and everyone should act responsibly in this regard,’ he said. ‘Nobody should complain about it’ Minister Tunç also pointed out that there have been some discussions in the parliament regarding this issue. ‘We have Article 127 of our Constitution. Article 127 of our Constitution grants the Minister of Interior the authority to dismiss if there is an investigation or prosecution against the heads of local government bodies. This is a power stemming from the constitution. Again, based on Article 127 of the Constitution, if there is an investigation or a trial for terrorism against the mayor or if there is a terrorism investigation and case, the Minister of Interior has the authority, based on the constitution, to temporarily suspend, which is a temporary measure. The authority to appoint a manager who meets the conditions to act as a substitute there is also detailed in the Municipality Law. There was an investigation for terrorism against the Hakkari Municipality Mayor. There is also an ongoing case. It is a power stemming from the constitution and the Municipality Law. Locally elected officials, our municipalities, must transfer the resources of the people, the money of the people received from the central government, to the people as a service. Therefore, if there are those who do not show this sensitivity, if they are subject to terrorism investigations and prosecutions, everyone should not complain about the implementation of Article 127 of our constitution and Articles 45 and 46 of the Municipality Law. Because these are superior provisions of our constitution and our laws that bind all of us,’ he said. ‘We hope he will be extradited to Turkey’ Minister Tunç also spoke about the extradition process of Serdar Sertçelik, who is both a defendant and a secret witness in the Ayhan Bora Kaplan investigation and was caught in Hungary. ‘We initiated the extradition process for him. We had the necessary documents translated. We translated them into both Hungarian and English. We also talked to our counterparts in Hungary. There was a 40-day temporary arrest decision there. During that period, the extradition trial will take place. We hope that he will be extradited to Turkey as a result of that trial.’