The court rapporteur earlier said in his report that "conditions were present to return the indictment," but also cited another opinion that "the minute the indictment is submitted to Constitutional Court it is automatically accepted."
The report is not binding for court judges.
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.
If the indictment is returned to the Supreme Court of Appeals Chief Prosecutor's Office, the Chief Prosecutor can re-edit the indictment and send it back to the Constitutional Court.
Later AK Party will make a preliminary defence, and it 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 dissolution 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 AK Party from the Treasury.
Last Mod: 31 Mart 2008, 18:13