President Recep Tayyip Erdoğan, while reacting strongly to Başbuğ, filed a criminal complaint against Başbuğ, who signed under the proposal regarding the regulation.
In 2009, AK Party spokespersons about the legal amendment regarding the trial of the soldiers in the civil court said that “the arrangement was in agreement”, while the CHP executives of the period stated that they did not support the motion related to the regulation in the Parliament at midnight.
In a statement on the subject, the Minister of Justice of the period Sadullah ErginCame from. He resigned from the AK Party a while ago and Ali Babacan Ergin, who is in preparation for establishing a new party together with his written statement, explained what happened during the legislative process, which was the subject of controversy, as follows:
‘European Union harmonization regulation’
“Commission of the European Communities dated February 26, 2008” The Council of Turkey Accession Partnership; ‘continuing to harmonize civilian control over the military with practices in EU member states, ensuring that the military does not interfere with political issues and that civilian administration fully employs control functions in security-related issues, including the creation and implementation of the national security strategy’, ‘military military jurisdiction He requested ‘to make arrangements in the short term for the limitation of the personnel with their military duties’. What is meant by ‘short term’ is to harmonize regulations with the European Union within 1 to 2 years.
‘In line with the will of the government’
In line with the will of the government, because of the integration process with the European Union and the European Court of Human Rights in Turkey’s detriment resulting taking into consideration the judgment of 25 June 2009 the 5918 Law No. during the debate held in Parliament, with the resolution; The articles related to “the civilians are not tried in military courts under any circumstances”, “the justification of the acts of military persons related to military service in military courts” have been added to the draft. “
‘The Resolution is part of the Assembly working procedure’
Ergin noted that adding and removing proposals or proposals through the proposals during the negotiations at the General Assembly of the Parliament is part of the Parliament’s working procedure, a method frequently used by parliamentary and political party groups in the Parliament.
Adult, “Likewise, it is not an exceptional case for the General Assembly to work intensively until the morning. The draft talks were taken by the alliance of the political party groups, and the decision was taken by the advisory committee.” said.
‘Signed upon agreement and presented’
Ergin continued his statement as follows:
“Before the proposal for the amendment was submitted to the general assembly, Political Party Groups were visited, the deputy group chairmen, including CHP, approved the amendment in principle, the text prepared was submitted to the groups hours before the general meeting, upon signing a consensus, it was subsequently signed and presented to the Presidential Board. In the context of this consensus, the request of the CHP group and the acceptance of the proposal they gave were made in the context of this agreement, due to the agreement, no speech was made in the negotiations on the articles of the bill, and the legislative activity was completed without any discussion. It should also be noted that there is no objection from the party groups or from the parliamentary bureaucracy that the articles are contrary to the Constitution. not hands. “
‘Gül also stated that the approval was made in accordance with the EU acquis in the approval statement’
Former Justice Minister Sadullah Ergin said that the law was put into effect on July 8, 2009 upon the approval of the President, Abdullah GulHe also stated that the regulation was made in accordance with the European Union acquis in the approval statement.
Adult, “In this respect, the Commission of the European Communities’ Turkey 2009 Progress Report on civilian oversight of security forces has also been confirmed by a positive opinion reported in the section entitled” said.
‘Constitutional amendment was also approved’
Reminding that the Constitutional Court annulled part of this regulation on 20 January 2010, Ergin stated that, in the following period, a regulation of the same nature was entered into the 145th article of the Constitution with a referendum on 12 September 2010, and it was also accepted in the referendum with a qualified majority. told.
“As a result of the Constitutional amendment in 2017, the Military Courts, apart from the disciplinary courts, were completely abolished” Ergin said:
“All these works reflect the common will of the ruling party, the government, and the parliamentary group. It is not something that can be done with an individual initiative. The resolution has become the will of the TBMM with the acceptance of the majority in the General Assembly with the majority and without its votes. The common will, which has been ongoing until now, is the parliament where the will of the people is represented in the broadest way. I respectfully declare that it is never acceptable to want to criminalize a transparent legislative activity under the umbrella of the Parliament to advance the negotiation process with the European Union. “
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