ANKARA - Supreme Court of Appeals Chief Prosecutor Sabih Kanadoglu filed a lawsuit at the Constitutional Court on Wednesday, and requested closure of the Justice and Development Party (AK Party).
Kanadoglu also requested the court to prevent AK Party leader Recep Tayyip Erdogan from using mission and authorities of political party leadership.
Sources told the A.A correspondent that Kanadoglu had submitted an indictment to the Constitution Court Chief Judge's Office.
Releasing a statement about the closure case against the AK Party, Kanadoglu said, ''Supreme Court of Appeals Chief Prosecutor Kanadoglu filed a lawsuit at the Constitutional Court, and requested closure of the AK Party in accordance with Article 104 of the Political Parties Law. Kanadoglu also requested the court to prevent AK Party leader Erdogan from using the mission and authorities of the political party leadership.''
INDICTMENT: ERDOGAN CANNOT BE A MEMBER OF ANY POLITICAL PARTY DUE TO HIS RECORD OF CONVICTIONS
In the indictment, Kanadoglu said, ''earlier, the Constitutional Court ruled that Erdogan should be excluded from founder membership. AK Party sent its response to the Supreme Court of Appeals Chief Prosecutor's Office yesterday, and said that Erdogan was excluded from founder membership. The AK Party said that those who do not take place among founder members can be elected as leader of the political party in accordance with Article 161 of the by-law of the AK Party.''
''Article 68 of the Constitution says that actions of any political parties cannot contradict with the principles of the state of law. The decision taken by the Constitutional Court is not only about Erdogan's founder membership. It also says that Erdogan's leadership should be assessed by the AK Party within the period of time envisaged by the law. Otherwise, a closure case can be filed against it. The AK Party provided Erdogan with maintaining his leadership instead of fulfilling requirements of the decision of the Constitutional Court. It is legally impossible for Erdogan to maintain his political party leadership after resigning from founder membership. Because, leader of a political party has to be a founder member or member of that political party. Founders of a political party are members of the Board of Founders. Leader of a political party is a natural member of the Board of Founders. Erdogan's maintaining his leadership after resigning from founder membership is the sign of that the AK Party did not fulfill requirements of the Constitutional Court's decision,'' he said.
''Although his candidacy was rejected by the Higher Election Board, Erdogan will join the general elections on November 3 as the leader of the AK Party. Such an illegal situation has not been seen in the world political history so far,'' he stressed.
Kanadoglu added, ''the Board of Founders of the AK Party has been insisting on not to fulfill requirements of the Constitutional Court's decision. It has been causing serious problems in democratic system by not taking into consideration public order and public interests. A person who is not a member of a political party, cannot become the leader of that party. Erdogan has not been a member of the AK Party any more since his resignation from founder membership. Actually, Erdogan cannot be a member of any political party due to his record of convictions. Therefore, his using mission and authorities of AK Party leadership should be prevented.''
AK PARTY SAYS APPLICATION FOR ITS CLOSURE A MOVE TO PAVE WAY FOR OTHER PARTIES
Justice and Development Party (AK Party) group leader Bulent Arinc said on Wednesday that application of Supreme Court Chief Prosecutor Sabih Kanadoglu to the Constitutional Court for closure of their party was a move to pave the way for other political parties, adding, ''we regret such moves.''
Arinc told A.A correspondent that the lawsuit filed by Kanadoglu was totally against the Constitution and Political Parties Law and said, ''this lawsuit cannot be filed, heard and a verdict cannot be given.''
The Constitutional Court had earlier asked their party ''to dismiss AK Party leader Recep Tayyip Erdogan from founder membership'', Arinc noted. He stated that this demand was met.
Arinc said, ''there is not any other thing that we have to do. To this end, the Chief Prosecutor who is saying that the decision has not been fulfilled is wrong and making a wrong move.''
''It is not possible to conclude this case according to the hopes of the prosecutor. Ten days are left to the elections. We regret such moves that will pave the pay for other parties and that may cause unjust competition among political parties in the election atmosphere. We are sad about justice and law,'' Arinc added.
AK Party deputy leader Bulent Gedikli said that they would lift obstacles before laws on suffrage when they came to the power.