Turkish top court to do preliminary assessment on closure case Monday

The court could also convene on Monday if its members completed their initial assessments on the indictment. The court rapporteur earlier said in its report that "conditions were present to return the indictment," but also cited another opinion that "the minute the indictment is submitted to Constitutional Court it is automatically accepted," Anatolian Agency reported.

First the Constitutional Court will examine the case file procedurally, and later approbate it if it meets the procedural criteria. Later AKP will make a preliminary defence, and this will be sent to the Supreme Court of Appeals Chief Prosecutor's Office.

After the Chief Prosecutor states his views on the merits of the case, AKP will make a verbal defense in a month's time. This will be followed by verbal statements of the Chief Prosecutor.

Later the rapporteur assigned by the Constitutional Court will prepare his/her report on the merits of the case. In this phase, the Chief Prosecutor can submit further evidence and AKP can submit additional defence material to the rapporteur. Then rapporteur's report will be distributed to court members. Later Constitutional Court Chief Judge Hasim Kilic will set a date and the court will start seeing the case on its merits.

If AKP demands extra time for its defence, the court will also assess these demands. According to the Constitution, at least 7 of the 11 members of the court have to vote for closure in order for the court to shut down a political party.

 

NO NEW INDICTMENT ON THE CASE

Yalcinkaya had an interview with Turkish business daily Referans on Saturday. The paper reported the top prosecutor expects tension to be reduced and the legal process will be calmer.

Referans also said Yalcinkaya is not preparing an additional indictment on AKP lawsuit. Yalcinkaya filed a lawsuit against AKP to the Constitutional Court on March 14 demanding its closure accusing the party for being "the focal point of anti-secular activities.''     Â

After AKP's closure case a leftist anti-AKP journalist, a party leader and a former university chairman were taken into custody under a separate operation called Ergenekon for paving the way of a military coup, raising the political tension further.

Referans reported Yalcinkaya signaled he was unlikely to file the lawsuit if AKP had had withdrawn his push to lift headscarf ban in universities, reminding his previous warning on the issue.

He called his warning as "sincere", in his interview with Referans. Yalcinkaya has said on January 17 the political parties are banned to make legislations violating the principals of the Contitution.