Country of origin information report Turkey March 2007

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The Constitutional Court (anayasa mahkemesi)
10.23 As noted by the Turkish Embassy website 2004, “The Constitutional Court consists of 11 regular members and four alternate members. All judges of the Constitutional Court hold office until they retire at the age of 65 like all other judges in Turkey.” [111] (The Court System)
10.24 As recorded in ‘Political Structure of Turkey’ November 2005:
“The basic function of the Constitutional Court, established in the 1961 Constitution, is to examine the constitutionality, in both form and substance, of laws, and decrees with the power of law and the Rules of Procedure of the Turkish Grand National Assembly. Other functions of the Court are as follows: With the capacity of the High Tribunal, the Constitutional Court judges the following: the President, members of the Council of Ministers, members of supreme courts, the chairman and members of the Supreme Council of Judges and Public Prosecutors and of the Supreme Council of Public Accounts, the Chief Republic Prosecutors and the Deputy Republic Chief Prosecutors for crimes related to their offices. It audits the finances of political parties. It examines TGNA decisions to revoke the immunities of deputies, or to dismiss members of parliament. It chooses the Chairman and Deputy Chairman of the Court of Jurisdictional Conflicts. The Constitutional Court is composed of 11 regular and four substitute members. Decisions are made when the eleven members convene. The decisions of the Constitutional Court are final. These decisions cannot be amended in any manner and their application cannot be delayed.” [36i] (Section on Higher Courts)
10.25 The USSD 2005 report stated that:
“The Constitutional Court examines the constitutionality of laws, decrees, and parliamentary procedural rules and hears cases involving the prohibition of political parties. If impeached, ministers and prime ministers can be tried in the constitutional court. However, the court cannot consider ‘decrees with the force of law’ issued under a state of emergency, martial law, in time of war, or in other situations as authorized by parliament”. [5b] (Section 1e)
10.26 As reported on 26 July 2005 by the Office of the Prime Minister, Directorate General of Press and Information (quoting the newspaper Cumhuriyet) on the previous day Tulay Tugcu was elected the first female head of the 44-year-old Constitutional Court. [36k]