NECİP F. BAHADIR
The phrases in the title come from two different figures… Both statements are among the harshest things one could say about Turkey. They signal a catastrophe. The writer of these lines, as well as the reader, has been aware of this painful reality for years. Now, cries are rising not only from AKP circles but also from the privileged segments of society. Will the AKP and the Palace, which have long ignored the voices of the people, finally listen when these cries come from an unexpected place?
The phrase “The Constitution is suspended…” does not come from an ordinary person. If someone on the street were to say this, it might be disregarded. Indeed, people say it—harshly, too—but their voices vanish into the void before reaching Ankara. When people are angry, they may call their opponents “crazy” or “foolish.” However, if a psychiatrist makes such a diagnosis, it carries weight. If they declare someone “insane,” that person might end up in a mental institution.
The person saying “The Constitution is suspended” is someone very close to the AKP. He has worked on judicial reform packages, including updates to the Turkish Penal Code (TCK) and the Code of Criminal Procedure (CMK). At one time, Erdoğan sought his opinions on legal matters. I’m talking about Prof. Dr. Adem Sözüer. He is an academic, and his title of “professor” comes from that background. Adem Sözüer is a legal authority to whom the AKP has listened. That is why reading his words was hard to digest.
If even Sözüer is saying these things, then there is no longer any talk of justice, law, or rights in the country. One might say to Adem Sözüer, “Good morning, professor! What’s the point of speaking after Basra has fallen?” However, I still consider his words important. It may be late, but the fact that someone like Adem Sözüer is “waking up to reality” is no small matter. For the AKP, it is a sign of impending disaster. I would call it a “friendly warning,” but the AKP has long passed that stage. Can a party that can no longer distinguish between friends and enemies even benefit from a warning?
**Prof. Dr. Adem Sözüer:
“The Martial Law Courts Were More Predictable!”**
What did Adem Sözüer say? Let me share a few of his words, both to document them for history and to base this article on concrete facts:
“In our country, the legal system has completely derailed and overturned. Turkey is a country where the Constitutional Court is criminally prosecuted… I must say that even martial law courts were more predictable in many ways. During the pressures of February 28, there was still a press that allowed diverse opinions. There were different power centers in society…”
What can one say to that? Professor Sözüer is right. The situation is now worse than the martial law courts of military regimes. You don’t even need to face trial to see this. Just knowing that 78-year-old Melek İpek remains imprisoned despite severe illnesses is proof enough. The situation in Turkey is worse than in times of martial law.
And take note—this is not coming from an ordinary citizen or an opposition figure. It’s being said by a legal authority close to the AKP.
Sözüer spoke to T24. The interviewer directly asked, “Is the Constitution suspended?” His answer was not just a simple “yes.” He provided a justification:
“If you use your power over the Council of Judges and Prosecutors (HSK) to turn the judiciary into a command-and-control structure, then the Constitution is suspended. If you are not implementing the Constitution, how else can you define the situation? Saying ‘the Constitution is suspended’ is actually the mildest way to describe what is happening.”
Sözüer didn’t stop there; he added:
“If Osman Kavala were to escape from prison today, it wouldn’t be an escape—it would be a legitimate act of self-defense. Because he is a victim of the crime of ‘deprivation of liberty’…”
Could there be a harsher judgment for a state and its judiciary?
TÜSİAD’s Harsh Criticism: “The System Has Collapsed!”
The phrase “The system has collapsed…” comes from TÜSİAD. As I said, cries of distress are rising from all parts of society. In an atmosphere worse than martial law periods, TÜSİAD High Advisory Council Chairman Ömer Aras did not hesitate to speak his mind. Some might say, “Aras has nerves of steel!”—and they wouldn’t be wrong. The business world, in particular, prefers silence to avoid conflicts with the AKP government and protect their privileges. In this country, speaking out, objecting, or criticizing carries a price. Simply speaking up takes courage.
Previously, TÜSİAD President Muharrem Yılmaz tried to speak up, and he paid the price. He eventually resigned, even though he still had years left in his term. In this oppressive climate, Aras’s decision to speak out—especially considering what he said—is truly an act of courage.
Just look at what he said:
“We are demoralized and lack confidence. The reason is the collapse of the system. We are still grieving over the Kartalkaya fire and other disasters. In recent weeks, extraordinary events have been unfolding in politics. Elected mayors are being removed from office and replaced by government-appointed trustees. A political party leader is first investigated and then arrested for a different reason. A businesswoman managing multiple artists is first investigated and then arrested for another reason. A metropolitan mayor is subjected to investigations within minutes of making a speech. Journalists who publish expert opinions are detained; an editor-in-chief is arrested. Newly graduated lieutenants are expelled from the military…”
Aras also criticized the economy, of course. But the fact that he did not ignore the country’s real problems and boldly listed the injustices in the judiciary deserves recognition.
This is TÜSİAD—we know their voice is loud. AKP officials, including Justice Minister Yılmaz Tunç and party spokesperson Ömer Çelik, scrambled to respond.
If prosecutors launch an investigation tomorrow, no one would be surprised.
After 23 years, this is where the AKP has brought Turkey.
Was this their dream? Certainly not. But there is a vast gap between dreams and reality. Yes, “The Constitution is suspended” and “The system has collapsed.”
What more can be said about a country?
