Political immunity, the Turkish style
Former Argentine President Cristina Fernandez de Kirchner is accused of being involved in a corruption case by granting state tenders to a family friend/businessman in road building contracts. During the trial in Buenos Aires, the federal judge decided to freeze Kirchner's assets worth $633 million. Well, of course, the rule of law functions there, the judges are able to decide independently.
Now, let us see what would happen if such a thing occurs in our presidential system. It would not happen, but let us assume that a greedy politician succeeded in tricking the nation and has been elected as president.
He then granted all state tenders to his supporter businessmen and he took bribes. This would also never happen, but let us assume that this was disclosed. With the amendments made to the Turkish constitution, regardless of whether the president is on duty or has finished his term, he would not be able to be taken to court immediately. First, the parliament would have to decide on opening an investigation against him.
For this to happen, three-fifths of the deputies would have to vote in favor of an investigation. Since the parliament has 600 seats, there needs to be at least 360 votes.
Not only this, but also, regardless of the president currently serving or having finished his term, he would have to be tried at the Supreme Council, which is the name the Constitutional Court takes when it tries ministers and senior members of the judiciary, and for this, two-thirds of the majority votes in parliament are required. In other words, 400 votes are needed.
Let us assume this many votes were gathered and the president was to be tried at the Supreme Court.
Who is the person electing the constitutional court that...
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