The candidates for HSK membership have been announced, and the opposition has left the hall.

07.05.2025 15:27

In the Joint Committee composed of members from the Constitutional and Justice Commissions of the Grand National Assembly of Turkey (TBMM), 15 candidates were determined for the election of 5 members whose terms have expired in the Council of Judges and Prosecutors. In the second round of the elections, the CHP and the New Path group left the hall, stating that there had been violations of the constitution and internal regulations. The General Assembly will select 5 members from the 15 candidates determined in the coming days to serve on the HSK.

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The Joint Commission, composed of members of the Constitutional and Justice Committees of the Grand National Assembly of Turkey (TBMM), convened under the chairmanship of AK Party Tokat Deputy Yusuf Beyazıt. In his opening speech at the commission meeting, Beyazıt reminded that a decision was made to establish a sub-committee for the HSK candidate membership and stated that the report prepared by the sub-committee was submitted to the presidency.

"101 CANDIDATES' APPLICATIONS HAVE BEEN FOUND VALID"

Commission Chairman Beyazıt then handed the floor to the Sub-Committee Chairman, AK Party Ankara Deputy Murat Alparslan. Alparslan stated that they created their report after reviewing the application documents of the candidates. He reported that it was determined that 101 candidates had applied, and that all applicants met the requirements for HSK membership candidacy as stipulated by the legislation and the announcement made by the TBMM.

Joint Commission Chairman Yusuf Beyazıt also stated, "As a result of the examinations conducted by the Sub-Committee, the applications of a total of 101 candidates, including 48 Supreme Court members, 6 Council of State members, 39 lawyers, and 8 faculty members, have been found valid."

CHP'S REQUEST FOR "SEPARATE VOTING FOR 15 CANDIDATES"

During the discussions, CHP deputies submitted a proposal for separate voting for each of the 15 candidates to be determined. CHP Aydın Deputy Bülent Tezcan stated that the commission would determine three candidates for each membership, and that these three candidates would be identified in three stages.

Tezcan reminded the provisions regarding the election procedure in the Constitution, stating that a two-thirds majority of the total number of members would be sought in the first vote, and if the candidate determination process could not be concluded in the first vote, a three-fifths majority of the total number of members would be required in the second vote.

Tezcan expressed that if a qualified majority could not be found in the second vote, the candidate would be determined by drawing lots between the two candidates who received the most votes. Reminding that they objected to the "lottery method" during the constitutional amendment, Tezcan stated that they accepted the requirement for two-thirds and three-fifths majorities, arguing that the lottery method could overshadow the sensitivity regarding consensus. Bülent Tezcan stated that they wanted separate voting for the 15 candidates.

CHP Group Deputy Chairman Murat Emir recalled that the 2017 constitutional amendment granted the Assembly the authority to elect 7 HSK members. Emir noted that there should be judges elected by a qualified majority in the HSK, and explained that consensus was achieved in the member election of the Board in 2021, and that the lottery application was not implemented. Emir stated, "It seems that for the first time a lottery method will be applied. As clearly stated in Article 159 of the Constitution, it is essential to conduct separate voting for each candidacy."

"THERE IS NO NEED TO DETERMINE A NEW ELECTION METHOD"

TBMM Justice Commission Chairman and AK Party Istanbul Deputy Cüneyt Yüksel stated that the HSK forms the basis of the justice system. Emphasizing the need for efforts to ensure transparency in elections, Yüksel reminded the provisions of Article 159 of the Constitution regarding HSK membership and Article 20 of the Judges and Prosecutors Council Law. Yüksel expressed that these articles stipulate that three candidates would be determined for each membership in the Joint Commission.

Pointing out that there is no provision for any regulation regarding the election procedure in the relevant articles, Yüksel continued his speech as follows:

"When looking at the HSK membership elections held on previous dates, it is seen that the method of marking three of the candidates listed on the ballot has been adopted. There is no need to determine a new election method by abandoning the method that has been applied so far. In the TBMM, it is a common practice to refer to customs in cases where there is no provision in the Rules of Procedure, and I believe it is appropriate to continue applying this method, which has become a custom."

"BALLOTS MUST MARK 3 CANDIDATES"

TBMM Constitutional Commission Spokesperson and AK Party Bursa Deputy Osman Mesten reminded that the Joint Commission would determine three candidates for each membership. Mesten explained the practices of the Joint Commission in the elections held in 2017, 2021, and 2024, stating:

"In these elections, 3 people have been marked on the ballots for each candidate to be sent to the General Assembly. In our past practices, it has been clearly stated that for each membership to be elected in the HSK elections, 3 people will be voted on the ballot, and if more than three people are voted, those ballots will be declared invalid, and a precedent has been developed in this regard. Given that the Commission is required to select 3 candidates for each membership by law, as well as considering our Commission practices and customs, it is necessary to mark 3 candidates on the ballots for each membership."

CHP'S PROPOSAL WAS REJECTED

DEM Party Şanlıurfa Deputy Mithat Sancar also stated that separate voting should be conducted for the candidacies. New Way Party Ankara Deputy İdris Şahin claimed that they had no opinion regarding the candidates and that the election was conducted by "arranged marriage." After the discussions, the CHP's proposal was rejected by a majority vote. Subsequently, a Classification Commission was established, and elections were held to determine three times the number of candidates for the 5 members to be elected to the HSK. For 5 HSK memberships, 101 candidates entered the election, including 48 Supreme Court members, 6 Council of State members, 8 higher education members, and 39 lawyers. The elections were held behind closed doors.

OPPOSITION LEFT THE ROOM

CHP and New Way Party deputies reacted to the election procedure during the determination of candidates to be elected as Supreme Court members and left the room, not voting. The elections continued with the participation of members from other parties. After approximately 7 hours of the commission meeting and elections, 15 candidates were determined for HSK membership.

CANDIDATES FOR HSK MEMBERSHIP ARE AS FOLLOWS:

From the Supreme Court members:

1. Fuzuli Aydoğdu,
2. Ömer Faruk Aydıner,
3. Mustafa Yapıcı,
4. Hakan Yüksel,
5. İbrahim Temir,
6. Hakan Türkön,
7. Ergün Şahin,
8. Seyfi Han,
9. Şerafettin Saka.

From the Council of State members:

1. Aysel Demirel,
2. Cengiz Aydemir,
3. Kemal Açıkgöz.

From the lawyers:

1. Alişan Tiryaki,
2. Hasan Oğuz Altınkaynak,
3. Figen Şaştım.

ELECTION PROCESS IN THE GENERAL ASSEMBLY

The TBMM General Assembly will elect 5 HSK members in the coming weeks. A secret ballot election will be held for each member among the 15 candidates determined by the Joint Commission. In the first vote, a two-thirds majority of the total number of members will be required, and if the election cannot be concluded in this vote, a three-fifths majority of the total number of members will be required in the second vote. If no member can be elected in the second vote, the member will be selected by drawing lots between the two candidates who received the most votes. The elected HSK members will serve for 4 years.

Source: AA, DHA