Europaudvalget 2015-16
EUU Alm.del Bilag 589
Offentligt
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28.04.2016
Subject: Lifting parliamentary immunities in Turkey
Ms. Pia Kjærsgaard
President of the Parliament of Denmark
Dear Ms.
Kjærsgaard,
Turkey is rapidly moving away from democracy and the rule of law due to President Erdoğan and
the Justice and Development Party (AKP) government’s increasing authoritarian policies – particularly
with respect to the Kurdish issue. At multiple platforms we have expressed grave concerns that such
antidemocratic policies are dragging the country into political violence, social polarization, and socio-
economic instability. We have also emphasized that the only way out of these circumstances is to resume
the peace process with the Kurdish movement and broaden the field of democratic politics.
Unfortunately, Turkey is moving full force in the opposite direction despite ongoing negotiations for
accession to the EU.
Turkey’s already weak parliamentary democracy is under a new totalitarian attack. President
Erdoğan and the AKP government have virtually subordinated the Turkish judiciary to the executive by
several governmental and legal interventions over the past two years. Now, a recent motion by the
government to lift legislative immunity seeks to oust political opposition from the parliament. If passed,
this motion would suspend Article 83 of the Constitution, which guarantees parliamentary immunity,
through addition of a provisional clause. Lifting parliamentary immunity with such an anti-Constitutional
move would extend Erdoğan-AKP bloc’s monopolistic grip to the legislative body.
We view this motion as a political coup attempt to completely destroy the separation of powers
by subordinating the legislative to the executive and leaving the former to the mercy of a thoroughly
politicized and biased judiciary. If successful, this coup would be a most crucial step for Erdoğan to replace
Turkey’s parliamentary democracy, which he has twice declared “de facto over,” with an absolutist
presidential system in which the legislative, executive and judiciary powers are virtually monopolized by
the President himself.
As of April 21, 2016, the summaries of court proceedings of 131 deputies had been sent to the
parliament. If the AKP’s motion passes, these deputies will lose their immunity. Of these, 26 are AKP
deputies, 51 are Republican People’s Party (CHP) deputies, 46 are Peoples’ Democratic Party (HDP)
deputies, 7 are Nationalist Action Party (MHP) deputies, and 1 is an independent deputy. The AKP
government represents the mixed profile of these deputies as proof of the non-partisan intention of the
motion. This is simply a pretense.
What this motion seeks to destroy is the HDP opposition in the parliament. Despite the
antidemocratic %10 election threshold, mass arrest and imprisonment of thousands of our party
executives, members and electorate, hundreds of physical attacks on our offices, and constant
criminalization and scapegoating, the Erdoğan-AKP bloc failed to prevent us from entering the parliament
in the elections on June 7
th
and November 1
st
, 2015. Lifting our immunity is their latest move to exclude
the HDP from the parliament. In fact, in his many public statements regarding the motion, President
Erdoğan did single out HDP deputies and criminalized us as “supporters of terrorism” with groundless
accusations.
________________________________________________________________________________
Contact:
[email protected]
Web:
www.hdp.org.tr
Address:
Barbaros Mah. Tahran Cad. Büklüm Sok. No: 117 06680 Çankaya, Ankara - Turkey
Phone:
+90 312 427 17 80
Fax:
+90 312 4288957
EUU, Alm.del - 2015-16 - Bilag 589: Brev fra formændene for Peoples’ Democratic Party (Tyrkiet)
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The HDP is a progressive party established by Kurdish political opposition and other under-
represented ethno-religious populations, women, labor and ecologist/environmentalist groups who came
together around values of pluralist democracy, peace, justice and equality. Conceiving the repression of
Kurdish people’s cultural and political rights as a systemic problem of the monolithic nation-state
formation in Turkey, we uphold an integrated approach to the struggle for equality and freedom of all
repressed sectors of Turkey’s populace. The profile of our parliamentary group, including Kurdish, Turkish,
Armenian, Syriac, Alevite and Ezidi representatives as well as democrat Muslims, women, labor and
ecological activists, reflects clearly our democratic political commitments.
As per parliamentary immunity, we demand its Constitutional restriction to chair immunity. We
have already submitted a motion regarding this to the parliament. We believe that everybody should be
treated equally before the law. Limiting parliamentary immunity with chair immunity would guarantee
free and democratic debate in the parliament while preventing the abuse of parliamentary immunity for
unlawful advancement of personal, familial or small group interests.
Let us remind you that the revocation of parliamentary immunity and imprisonment of
Democracy Party’s (DEP) Kurdish deputies in 1994 under the pretext of “fighting terror” was both a
symptom and facilitator of one of the most violent periods of the Kurdish conflict in Turkey. In the
totalitarian turn that Turkish political system has recently taken, wherein anybody critical of the Erdoğan-
AKP bloc is labeled as a “terrorist” or “supporter of terrorism,” the closure of parliamentary
representation to political opposition will render Kurds and other marginalized peoples of Turkey even
more vulnerable to grave forms of state violence and repression. As it is, the tutelage of the executive
over the judiciary emboldened President Erdoğan to even demand revoking the citizenship of his political
critics ranging from HDP deputies and elected Kurdish mayors to journalists, pro-peace academics and
social media users. Lest the parliament is brought under the control of the executive, we suspect
Erdoğan’s next move would be to demand “a state without citizens.”
The HDP will continue its decisive struggle against authoritarian policies that the Erdoğan- AKP
bloc carries out to annihilate democratic life in Turkey. Given the injustices in court cases against
journalists, academics, elected Kurdish mayors or the citizens alleged to have “insulted the President,” we
do not expect the courts, which are under heavy control of President Erdoğan, to deliver justice to our
deputies. We will not surrender to authoritarianism and will continue our democratic struggle against all
kinds of tyrannies.
In this critical conjuncture for Turkey’s democracy and a peaceful resolution of the Kurdish
conflict, we invite all persons and institutions embracing universal democratic values to take immediate
and concrete action, strongly raise their voice, and stand in solidarity with our struggle against the
intended political coup against the parliament and the HDP.
Sincerely Yours,
Selahattin Demirtaş
HDP Co-Chair
Figen Yüksekdağ
HDP Co-Chair
________________________________________________________________________________
Contact:
[email protected]
Web:
www.hdp.org.tr
Address:
Barbaros Mah. Tahran Cad. Büklüm Sok. No: 117 06680 Çankaya, Ankara - Turkey
Phone:
+90 312 427 17 80
Fax:
+90 312 4288957