Press Release on the Decision Rendered by the Constitutional Court, in its Capacity as the Supreme Criminal Tribunal, upon the Decision of Non-Jurisdiction of the 4th Chamber of the Istanbul Assize Court in respect of the Accused Person Mehmet İlker Başbuğ and the other 18 Accused Persons

Upon the decision of non-jurisdiction −dated 5 July 2017 and numbered E.2017/65 and K.2017/145− rendered by the 4th Chamber of the Istanbul Assize Court in respect of the accused person Mehmet İlker Başbuğ and the other 18 accused persons, the Constitutional Court sitting as the Supreme Criminal Tribunal on 12 October 2017 has held that:  

1. The acts imputed to the accused person Mehmet İlker Başbuğ are within the jurisdiction of the Supreme Criminal Tribunal.

2. As Article 15/A § 2 of the Law on the Establishment and Trial Procedure of Military Courts, which is dated 25 October 1963 and no. 353 requires obtaining permission for an investigation against the accused person Mehmet İlker Başbuğ, the proceedings conducted against him be SUSPENDED pursuant to Article 223 § 8 of the Code of Criminal Procedure no. 5271.

3. A copy of the file be submitted to the Prime Ministry for obtaining permission for an investigation against him.  

4. Cases of the other 18 accused persons be severed from that of Mehmet İlker Başbuğ and be registered with a new docket number to be assigned by the Supreme Criminal Tribunal of the Court. As the severed case of Mehmet İlker Başbuğ is not within the jurisdiction of the Court, the case-file be remitted to the 4th Chamber of the Istanbul Assize Court. 

5. Upon receiving the outcome of the request for obtaining permission for an investigation against the accused person Mehmet İlker Başbuğ, the case-file be re-examined by the Constitutional Court.

Respectfully announced to the public.

Presidency of the Constitutional Court

The Constitutional Court of the Republic of Turkey © 2015
Number of Visitors: