Constitutional Court's rapporteur finished his preliminary assessment on the indictment of the lawsuit, filed for closure of the ruling Justice and Development (AK) Party, and submitted it to the Court on Thursday evening.
The report was handed out to court members. The rapporteur cited two legal options in his assessment: one asserting that "the court can return the indictment to the Chief Prosecutor" and the other saying "the minute the indictment is submitted to Constitutional Court it is automatically accepted." The report said it is up to the Court's discretion to decide whether to proceed with the case or return the indictment.
The court is expected to make its preliminary assessment on the case on Monday.
The closure case will proceed as follows:
First the Constitutional Court will examine the case file procedurally, and later approbate it if it meets the procedural criteria.
Later AK Party 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, AK Party 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 AK Party 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 AK Party 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.
In line with Article 69 of the Constitution, the court may instead decide to reduce or cut the financial aid given to this political party from the Treasury.
Last Mod: 28 Mart 2008, 11:45