The rule of AKP-Palace completed MP signatures required in order to lift the parliamentary immunity altogether at once through a temporary constitutional amendment. Suspending the Article 83 of the Constitution through addition of a provisional clause, then allowing prosecution for outstanding dossiers in Parliament, and re-enacting the parliamentary protection for upcoming dossiers means nothing but AKP-Palace’s aim to use the legal and constitutional course for the sake of its own political interest.
This constitutional amendment proposal is a ‘poison hemlock.’ Failing to drink this ‘poison hemlock’ for peace and resolution, Erdogan and AKP now wish to make whole society drink it as a war-poison.
The government’s efforts to lift the immunity of our PMs are just an oppression, threat and government-terror exercise against the whole society over us. The plan of Palace-AKP to create a political arena without HDP is an effort to destroy the democratic political sphere. This mentality, who addresses HDP and its allies as a threat, excludes the Party from the political sphere by lifting parliamentary immunity, and aims to enact this AKP-Palace Constitution as a fait accompli by keeping out of constitution discussions, should be aware of that; this attitude will be the steps of extermination of our defective democracy.
This step will be a new beaten track, during the process of the Palace Coup. De facto disfunctionalization of our party, is the most critical phase of this process, in terms of the balance in the country. The development of the process of coup, which the Palace has put into practice after the June 7th election –and step by step in the Parliament with the help of AKP-MHP cooperation– is an attempt to get the future of Turkey under their control. Getting involved in this process, by way of bargaining in behind closed doors, to contribute this process because of one´s own benefit, will go down in history as a blot.
The aim of these experienced oppressions, the steps of developing the atmosphere of fear among the society is to offer Erdogan’s presidential system, as a savior, by the way of using such a situation. This is the reason why they are trying -more and more every day- to increase the ways of changing the Constitution by non-political methods. These steps are the efforts to make the foundations -which must be impartial- participants of that plain and liquidizing the Parliament by the way of deactivating the politics and making the separation of power, insignificant more and more.
The proposal of our party for constitutional amendment regarding legislative immunity (see Annex-1) submitted by our party advocates to waive all parliamentary immunity except chair immunity, and as of now and looking forward, it is the one and only proposal which complies with the principles of universal democracy.
The day to give the verdict in the Parliament on the immunity dossiers through a constitutional amendment in line with the proposal by AKP will be a critical juncture for Turkey. 1980 coup d’état stole decades from Turkey. Likewise, this lift of immunities will steal long years from Turkey.
Threats to “lay hands on” anyone who speak out and freely pass their opinion on, even if they are a Member of Parliament, shall never hinder the determination and the struggle of the people.
Peoples’ Democratic Party Central Executive Committee
April 13th 2016
Proposal for Constitutional Amendment Regarding Legislative Immunity
Prepared by our Constitutional Committee and submitted to the Office of the Speaker of the Grand National Assembly on 28 March 2016, this proposal for constitutional amendment is the response of our party regarding the discussion on the legislative immunity of our Members of Parliament.
1 – No Member of Parliament may be held responsible for votes cast or opinions expressed in the performance of his/her legislative duties, and public expression of thereof in any platform.
2 – Lawsuits may be initiated after an election against a Member of Parliament who allegedly committed a crime before or after the election, and lawsuits initiated prior to the election are continued.
3 No Member of Parliament may be arrested or detained and no protection measures may be applied against them. The case of being caught in an act which requires aggravated punishment, constitutes the exception of this provision. In such a case, the competent authority shall immediately notify the Office of the Speaker of the Grand National Assembly.
4 – The announcement of the verdict on a criminal sentence involving a Member of Parliament shall be postponed until the end of membership.
5 – Criminal actions involving a Member of Parliament shall be heard by the Court of Appeal. Relevant procedures and principles shall be regulated by laws.
Peoples Democratic Party Constitutional Committee
28 March 2016