ANKARA - Constitutional Court gave on Wednesday an extra period of 30 days to Justice and Development Party (AK Party) to prepare its pre-defense in the closure case.
Constitutional Court Deputy Chairman Hasim Kilic told reporters that AK Party noted that pre-defense could not be prepared due to government and some other activities and to this end, requested an extra period of 30 days.
Kilic said that the court delegation accepted the request of the party with 8 votes in favour against three votes.
Thus, the AK Party will present its pre-defense till January 3, 2003.
Asked what would happen if the article 104 of Political Parties Act, the legal base of the request for closure of AK Party, was amended, Kilic said, ''if there is a change before the precautionary measure issue is debated or the closure case is debated, we will naturally evaluate the situation. It is difficult to separate the request of precautionary measure and closure from each other. They are almost depending on the same reasons. If there is a change in the law, the delegation cannot ignore it and will evaluate it. However, we will continue our normal work.''
The European Union (EU) adjustment package foresees amendment of provision in the article 104 of the Political Parties Act saying ''if the requirement of warning decision is not fulfilled, closure case will be opened.''
Supreme Court Chief Prosecutor Sabih Kanadoglu had filed a lawsuit requesting closure of AK Party by claiming that the party did not fulfil requirements of the warning decision. Kanadoglu also asked for a precautionary measure on authorities of leader Erdogan.
The court had stated that it would make its decision after receiving the defense of the party. The AK Party had presented its defense on the precautionary measure request and claimed that article 104 of the Political Parties Act was against the Constitution.
The Constitutional Court decided to debate this claim after preparation of the report.
The court will debate the request for putting a precautionary measure after deciding on this request.
The Constitutional Court had requested Erdogan to be dismissed from founder membership on charges that he did not have the competence to be elected as deputy and issued a warning for the party.
Erdogan had resigned from founder membership within the foreseen six months of time but continued to act as the leader of the party.
Kanadoglu had claimed that Erdogan could neither be a founder member nor a member of the party due to his record of conviction under second paragraph of article 312 of Turkish Penal Code and alleged that he could not continue to act as the leader of AK Party.