Constitutional Court Issues Warning To A.K. Party To Dismiss Erdogan

ANKARA, Jan 9 (A.A) - Constitutional Court issued on Wednesday a warning to the Justice and Development Party (AK Party) and asked the party to dismiss Recep Tayyip Erdogan from the founding membership.
Constitutional Court Deputy Chairman Hasim Kilic told reporters that the court delegation decided to give a warning to the party to exclude Erdogan from founder membership with the majority of the votes.
Kilic said that the request for precautionary preventing Erdogan's using his authorities and duties as the leader of the party was rejected unanimously.
The request to give a warning to the party to exclude Ayse Bohurler, Ayse Nur Kurtoglu, Habibe Guner, Sema Ramazanoglu, Fatma Unsal Bostan and Serap Yahsi Yasar from founder membership was also rejected unanimously, Kilic noted.
Upon a question, Kilic said that the decision should be put to implementation within six months after it was notified. Otherwise, Kilic said, the Supreme Court Chief Prosecutor's Office could file a closure case.
CONSTITUTIONAL COURT DEPUTY CHAIRMAN SAYS MAIN REASON TO ISSUE A WARNING FOR AK PARTY WAS ARTICLE 104 OF POLITICAL PARTIES LAW
Constitutional Court Deputy Chairman Hasim Kilic said on Wednesday that main reason to issue a warning for Justice and Development Party (AK Party) to end Recep Tayyip Erdogan's founder membership was the Article 104 of the Political Parties Law.
Asked when AK Party leader Recep Tayyip Erdogan's political life would end under legal frame, Kilic said, ''under Article 104 of the Political Parties Law, this warning is issued for six months. The party has to fulfil the requirement of this warning within six months. If it did not fulfil the requirements, the Supreme Court Chief Prosecutor's Office can file a closure case again under Article 104.''
Upon a question, Kilic said that the decision was taken six votes in favour against five votes and noted that the six month period would begin after the decision was notified to the party.
Asked if Erdogan could be excluded from founder membership but continue his political life as the leader of the party, Kilic said that he would not comment on the issue.
YALCINBAYIR''HE WOULD BE DISMISSED OF CHAIRMANSHIP BUT HE COULD BECOME A MEMBER''
Commenting on the Constitutional Court decision about Justice and Development Party (AK) leader Recep Tayyip Erdogan, Justice and Development Party Secretary General Ertugrul Yalcinbayir said ''Erdogan would be dismissed of chairmanship, but he could become a member. Later he could become a candidate and the Founding Members Council could elect him as the chairman.''
He said that Erdogan had no obstacles in front of becoming party chairman.
PROFESSOR KABOGLU SAYS UNDER DECISION OF CONSTITUTIONAL COURT, THEY CAN SAY THAT ERDOGAN CANNOT BE CHOSEN AS A DEPUTY
Professor Ibrahim Kaboglu, a jurist on Constitution, said on Wednesday that under the decision of the Constitutional Court, they could say that Justice and Development Party (AK Party) leader Recep Tayyip Erdogan could not be chosen as a deputy.
Constitutional Court issued on Wednesday a warning to the Justice and Development Party (AK Party) and asked the party to dismiss Recep Tayyip Erdogan from the founder membership.
Kaboglu told A.A correspondent that however, they should see the reasoned verdict of Constitutional Court to make a correct evaluation.
Supreme Court Chief Prosecutor Sabih Kanadoglu had applied to the Constitutional Court on August 21, 2001 and requested the court to issue a warning for AK Party to exclude Erdogan from founder membership and precautionary prevent Erdogan from using his duties and authorities as the leader of the party.
Kanadoglu had also requested the court to issue another warning for the party to exclude Ayse Bohurler, Ayse Nur Kurtoglu, Habibe Guner, Sema Ramazanoglu, Fatma Unsal Bostan and Serap Yahsi Yasar from the founder membership on charges that these people used headscarf as ''a symbol and element of imposition'' and that they did not have the competence to be elected as a deputy under this condition.
Sabih Kanadoglu had noted that the Article 8 of the Political Parties Law foresaw the founder members of a party to ''have competence to be elected as a deputy.''
Reminding that Article 11 of Deputy Election Law which was about people ''who could not be elected as a deputy'' underlined that those who were convicted under the second paragraph of Article 312 of Turkish Penal Code (TCK) could not be elected as a deputy even if ''they benefitted from amnesty'', Kanadoglu had also showed second paragraph of Article 76 of the Constitution as a reason for his application.
Chief Prosecutor Kanadoglu had stated that Erdogan was convicted under second paragraph of Article 312 of TCK and said that to this end, he was not competent to be eleced as a deputy.
Kanadoglu had said that Erdogan could not be a founder member under those conditions and asked the court to warn the party to exclude Erdogan from founder membership.
AK PARTY LEADER SAYS HE CONTINUES TO ACT AS LEADER OF PARTY
Justice and Development Party (AK Party) leader Recep Tayyip Erdogan said on Wednesday that he continued to act as the leader of the party with sensitivity and seriousness and would continue to do so.
Following the meeting of his party, Erdogan told reporters that the decision of the Constitutional Court to warn the party to exclude himself from the founder membership did not only concern his party but also the politics and future of democracy.
Erdogan said that they were at ease, tranquil and happy, adding that the decision taken the same day made both Turkish people and his party more tranquil.