In the General Assembly of the Grand National Assembly of Turkey, the bill abolishing the legal basis of the Yassıada trials was accepted and became law.
The Bill on the Repeal of Some Articles of the Provisional Law on the Repeal of Some Provisions and Amending Some Provisions of the Constitution No. 491 of 1924, which was the first signatory of the Speaker of the Grand National Assembly of Turkey, Mustafa Şentop, and which bears the implication of the AK Party and MHP deputies, and on the Elimination of the Grievances Caused, It was accepted unanimously in the Parliament.
According to the law, the legal provisions that form the legal basis of the powers exercised by the Supreme Court of Justice and are currently in force will be abolished retroactively.
By envisaging a new lawsuit, compensation for damages resulting from decisions rendered invalid by the repeal of the provisions of the law regarding the establishment and powers of the Supreme Court of Justice will be enabled.
The deletion of all invalid decisions of the Supreme Court of Justice, whose existence will be devoid of legal basis, from the judicial record and all kinds of archive records will be carried out ex officio by the Ministry of Justice.
The moral damages suffered by those who are investigated and prosecuted by the Supreme Investigation Board and the Supreme Court of Justice will be covered by the treasury. The financial losses of these people resulting from the confiscation of their assets will also be compensated.
A commission will be established by the President to evaluate and decide on the applications made by the injured and their heirs requesting compensation for their losses. The working procedures and principles of the commission will be determined by the President. Those who want their losses to be compensated can apply to the commission within 3 months following the publication of the commission’s working procedures and principles in the Official Gazette and request compensation for their losses.
An objection to the commission’s decisions can be made to the commission only once within 15 days following the notification of the decision. A lawsuit can be filed in the Council of State, as the first instance court, against the decisions made upon objection. These cases will be considered urgent matters.
No fee under any name will be requested for applications to the Commission. In cases filed in the Council of State against the decisions made upon the objection of the Commission, the decision and judgment fee will be collected as a lump sum and at the end of the case, a fixed attorney’s fee will be awarded.
The information and documents needed when the applications are evaluated by the Commission may be requested from the relevant real or legal persons. Public institutions and organizations will have to fulfill the requests in this regard within the specified period.
While the requests for compensation for material damages are being decided, it will be decided to pay an equitable amount in terms of damages that are certain to have been incurred but that are not technically possible to determine in terms of amount due to the passage of time.
Public institutions and organizations will transfer all kinds of archives and archival documents belonging to the Supreme Investigation Board and the Supreme Court of Justice to the Presidency of the Grand National Assembly of Turkey within 30 days from the date of entry into force of the article.
The regulation will enter into force on the date of its publication, effective from 27 May 1960.
From the interviews
Speaking in favor of the proposal, BBP Chairman Mustafa Destici said that he was very pleased that such a proposal was brought to the General Assembly of the Turkish Grand National Assembly.
Stating that he personally wanted all political parties represented in the Parliament to sign the proposal, Destici said, “We need to look at the essence of the matter. The essence of the matter is this: On May 27, 1960, the Republic of Turkey was faced with a coup for the first time. It was the first time that the Republic of Turkey was elected by the will of the nation.” The Chairman of the Democratic Party, the Prime Minister and two of his ministers were unjustly executed, with the decisions made by theatrical judges in fake courts. Not only the executions, but also hundreds, thousands of grievances, which were expressed by different speakers at this podium. Now, the elimination of these grievances, the restoration of their previously restored reputations. “It is really important and a historical step to return it stronger and compensate for the loss of rights.” said.
Stating that the meaning and importance of today will be better understood years later, Destici said that unfortunately Turkey has suffered a lot from coups. Stating that he wanted to express one of the sensitivities of the parties that do not have a group, Destici said, “The 1980 coup was held, Turkey is still governed by the 1982 Constitution and the Political Parties Law and the Election Law, which are the products of that constitution. I believe that today’s agreement will be reached on this issue in the coming days and Turkey will now be fully “Let it have a democratic Political Parties Law and Election Law.” said.
In his speech after the proposal was accepted, Ali Özkaya, Deputy Chairman of the Constitutional Commission and AK Party Afyonkarahisar Deputy, said, “We express our gratitude and gratitude for the unanimous acceptance of our commission’s report by the five parties. We fulfilled a historical responsibility.
” he said.
On the other hand, MPs did not speak against the proposal.
After the proposal was accepted, Parliament Deputy Speaker Süreyya Sadi Bilgiç closed the meeting to meet tomorrow at 14.00.
Source: https://www.aa.com.tr/tr/politika/yassiada-yargilamalarinin-hukuki-dayanagini-kaldiran-kanun-teklifi-yasalasti/1887575
