MHP MP Calls for Constitutional Court Reform and Cautious Use of Detention

WISE NEWS PRESS / ANKARA, TURKEY — DEC. 10, 2025

During the parliamentary budget discussions for the Ministry of Justice, MHP Vice Chairman and Istanbul MP Feti Yıldız called for a restructuring of the individual application process to the Constitutional Court (AYM) and stressed that pretrial detention must not turn into a form of punishment.

Speaking at the General Assembly of the Grand National Assembly of Turkey (TBMM), Yıldız addressed the workload of the high court and the principles of the rule of law. "The Constitutional Court's burden is heavy; a re-evaluation is necessary to lighten its workload," he stated.

'Detention Is Not a Penalty'

Yıldız emphasized that the deprivation of liberty before a conviction should be applied with extreme caution. "Like all judicial measures, detention is temporary in nature. Detention is not a punishment but a temporary tool to ensure the conduct of a criminal case in reaching the material truth or the execution of a possible future sentence," he said.

He warned that since detention restricts personal freedom and security, decisions must be made with great care, adding, "One must think a thousand times before deciding once".

Constitutional Court Reform Proposal

Addressing the structure of the Constitutional Court, Yıldız suggested that the individual application mechanism needs to be reorganized. He reminded the assembly that individual applications are possible only after ordinary legal remedies are exhausted.

"We must reorganize the individual application from scratch. The AYM's workload is heavy, and a re-evaluation must be made to lighten this burden," Yıldız argued. He also noted that the Constitutional Court cannot establish judgments in a way that leads to new practices as if it were a lawmaker.

'States That Adopt Protection Law Are Rule of Law States'

Yıldız defined the rule of law as a system that adopts protection rather than mere punishment. He listed the essentials of a just legal system: the presumption of innocence, the benefit of the doubt for the suspect, independent and impartial courts, and trials concluded within a reasonable time.

"A criminal law that protects human dignity... is not a punishment law but a protection law. The Republic of Turkey is a state of law," he affirmed. He also touched upon the use of secret witnesses, stating that their testimony alone should not be the basis for a judgment and that the defense's right to question them must be respected.

'Era of Standing at Attention Before Boots Is Over'

In a separate speech during the session, MHP Tokat MP Yücel Bulut criticized those who question the impartiality of judges and prosecutors attending ceremonies with the President. Bulut argued that the judiciary has moved past the era of military tutelage.

"The era where judges and prosecutors stood at attention before military boots is over," Bulut declared. He defended the legitimacy of judicial officials starting their duties in the presence of the President, who is the head of state according to the Constitution.

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