The President and the members of the Parliament were not elected as per the constitution.

Therefore, they are all not officially the president and members of the Turkish Parliament.

The decision of the Turkish Grand National Assembly to hold elections on June 24, 2018 is invalid and non-binding, as it is contrary to the provisional provision in the temporary 21st Article of the Constitution that the elections will be held on November 3, 2019.

Goddess of Justice
Goddess of Justice

The reason for this is that the decisions of the Turkish Grand National Assembly cannot be issued contrary to the constitution.

There is still a provisional provision in the temporary 21st article of the Turkish Constitution that the elections will be held on 3 November 2019. This provision has not been fulfilled. Neither the Presidential nor the Parliamentary Elections were not held on 3 November 2019. Instead, contrary to the temporary article 21 of the Turkish Constitution, the Turkish Grand National Assembly decided to hold elections on 24 June 2018 and held early elections. That was an obvious breach of the Constitution. Consequently, the current members of the Turkish Grand National Assembly and the President are devoid of a constitutional basis.

The Turkish Grand National Assembly is all time required by the Turkish Constitution to issue decisions and laws as per the terms and the conditions of the constitution.

The Turkish Grand National Assembly could have legally accepted to hold presidential elections and general elections provided that such a decision comply with the constitution. That is to say, specifically,

After the provision in Article 21 of the Constitution stating that the said elections would be held on 3 November 2019 was repealed by a constitutional amendment, the Turkish Grand National Assembly decision should have been issued to hold general elections and presidential elections on 24 June 2018.

The decision of the Turkish Grand National Assembly to hold elections on June 24, 2018 is invalid and non-binding, as it is contrary to the provisional provision in the temporary 21st Article of the Constitution that the elections will be held on November 3, 2019.

The reason for this is that the decisions of the Turkish Grand National Assembly cannot be issued contrary to the constitution.

After the provision in Article 21 of the Constitution stating that the said elections would be held on 3 November 2019 was repealed by a constitutional amendment, the Turkish Grand National Assembly decision should have been issued to hold general elections and presidential elections on 24 June 2018.

Also, the vote counting and elections announcing process were not independent of the executive power. Such two main processes handled by the supreme election institution were directly bound to and administrated by the executive power since the supreme election institution was illegally seized from inside. There were clear pieces of evidence that the executive power had supervised and directed the supreme election institution through illegal criminal organizations motivated and controlled by Islamic and Fascists Cults. None of this evidence was subject to criminal prosecution. The reason for this was that the principle of separation of powers in the Constitution was also destroyed by criminal organizations infiltrating state bodies.

Neither the president nor the members of the Turkish Grand National Assembly have any immunity from heavy criminal and political punishment.

As a result, those who destroy the constitution must be punished in any case; however, the destruction of the constitution and the crimes of treason are not included in the Turkish Criminal Code. Since the penalty for treason was already destroyed, there is no longer a penalty for treason in the new Turkish Criminal Code. The penalty for treason is now only a political penalty. Judicial authorities must immediately reject the trial on the merits by declaring that the merits are all political rather than criminal and authorize the President to impose a political penalty since the subject to be prosecuted is not legal but political. For these reasons, this judgment must be brief and precise. After such a judicial decision, the President should quickly Roll Up* the book of those who destroyed the constitution.

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(*) Dürmek in Turkish.

Turkish Constituent Assembly held its first meeting on April 23, 1920.
Turkish Constituent Assembly held its first meeting on April 23, 1920.

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