Turkey's top court had rejected a bid to restore the parliamentary seat of pro-PKK People's Democratic Party's (HDP) Ömer Faruk Gergerlioğlu earlier this week. The Constitutional Court on Friday revealed in its detailed ruling that the main justification behind the rejection of the appeal was a lack of jurisdiction.
"The stripping of a parliamentary seat that takes place by the means of notifying the final court decision to the general assembly and that is based on certain criminal convictions or restrictions, is within the scope of article 85 of the constitution and therefore beyond the investigation, duty and competence of the constitutional court," it said.
According to the decision published in the Official Gazette, it was stated that one had the right of applying to the constitutional court regarding the parliamentary seat, yet this appeal right does not apply in the case of certain criminal convictions.
It was further stated that applications under different names regarding the stripping of the parliamentary seat of Gergerlioğlu could also not be investigated.
Making a statement after the decision Wednesday, Gergerlioğlu said, "I had two applications to the Constitutional Court. My application requesting the annulment was given a lack of jurisdiction, I will go to the European Court of Human Rights (ECtHR). I am still waiting for a decision for my main application regarding my criminal file."
Gergerlioğlu was sentenced to prison on Feb. 21, 2018, for "making propaganda for the PKK" by the Kocaeli 2nd High Criminal Court, where he was tried before being elected as a deputy.
After the court decision was deemed lawful by the Istanbul Regional Court of Justice, the file was sent to the Court of Cassation, upon appeal. The 16th Criminal Chamber of the Supreme Court of Appeals upheld Gergerlioğlu's prison sentence of two years and six months.
In February 2021, the Ankara Public Prosecutor’s Office launched an investigation into provocative social media posts made by some HDP deputies. HDP Istanbul deputy Hüda Kaya and Gergerlioğlu are accused of making terrorist propaganda and insulting the Turkish nation, state and republic in line with Article 301 of the Turkish Criminal Code.
At the Grand National Assembly of Turkey (TBMM), the presidential memorandum regarding the court's final verdict given by the court to HDP member Gergerlioğlu was read on March 17. In accordance with the Constitution, Gergerlioğlu's membership of Parliament was dropped after the motion was read in the General Assembly.
In its more than 40-year terror campaign against Turkey, the PKK – listed as a terrorist organization by Turkey, the United States and the European Union – has been responsible for the deaths of at least 40,000 people, including women, children and infants.