"If the president with party system is not accepted, an early election will be possible"
DIYARBAKIR - Evaluating constitutional amendment about stripping immunity of MP’s with crime file, Assoc. Dr. Vahap Coskun have spoken about the process that going to be followed from now on.
Abolition of immunity of MP’s that have committed crime was accepted with 376 votes in the Parliamentary General Assembly. Answering the questions of ILKHA about the subject University of Dicle, Faculty of law lecturer assoc. Dr. Vahap Coskun, have spoken about the process going to be followed from now and possible early election.
Our interview with Assoc. Dr. Vahap Coskun
At the moment, how many files are there about MP’s and how will the process work?
At the moment what we know that both in Parliament and Ministry of Justice there are 787 files about 148 MP’s. Following voting was held last Friday immunity of 148 MP’s was lifted. After that process the justice will work. The justice will decide about the MP’S. The files will be sent to the prosecutors. The prosecutors will follow the process about the files. As a result of these follow-ups the prosecutors will either cancel the files or will start the court case. If the case A case is held, the result of the judgement will have to be looked up for. This will start a serious problem politically. A feeling of victimization will appear. After that there will be words of victimization. Abolition of immunity of an MP doesn’t eliminate their politics.
What should people understand from the expression “Immunity has been abolished?
MP’s are taken under protection by privilege of immunity from courts. What we mean by immunity is, if an MP commits crime , a criminal court cannot start court case about them and the investigation will be delayed. But after the MP’s duty has finished, the immunity will be abolished and they will be taken under investigation. Within the abolishment of immunity they are no longer privileged by immunity anymore. Therefore court case process will start about alleged crimes about them.
Why the immunity was abolished?
After one year of conflicts a new process started. In this process security measures increased. The more clashes got intense the more immunity of MP’s came on the agenda. President Erdogan carried out this discussion to agenda. He expressed that if the immunity wasn’t abolished, the Parliament would be responsible towards history and citizens. After that the government prepared a proposal. They brought amendment constitution about abolishment of immunity of the MP’s that committed crime to the agenda of Parliament. This is why the immunities were abolished.
How will the process after that work?
Lawmakers will clarify the step after that. If lawmakers, try the way to arrest or MP’s or take them under the investigation that could cause serious problems in the society. But a will of non-arrest judgement could appear.
In which conditions the MP’s will lose their duty?
Court process to be started on an MP, doesn’t mean that they will lose their duty. MP’s to lose their duty they must be punished with one year of jail or commit defamatory crimes because then jail process have to start. After the punishment decision to be read in the Parliament General Assembly, abolishment of immunity of MP’s will be question. Otherwise during the court case they will not lose their privileges provided for them.
Will some MP’s to lose their MP statue cause partial elections?
For partial elections to be held 5 percent of MP’s must lose their statue. That means 23 MP’s. Therefore more than 23 MP’s to lose their statue, partial election will be question.
Is an early election a question at the moment?
Early election more than about immunity discussions is about the perspective that AK Party will follow. Congress was held. In the congress the formula of a party president was brought to agenda. Most probably in June they will bring a constitutional amendment including president ship. If it is to be accepted, AK Party may wish to keep it going in this way until 2009. But if president with Party wasn’t accepted, AK Party may wish to try an early election soon. Anyway decrease in the votes of both HDP and MHP, opinion towards decrease of their votes to be keep going, could direct AK Party to this kind of choice. (ILKHA)