Parliament bylaws show HDP's call to lift immunity unrealistic


With the lifting of deputies' immunity from prosecution becoming a frequent topic of discussion in politics in recent days, the Peoples' Democratic Party (HDP) deputies' application to lift their own legislative immunity is "insufficient" according to Parliament bylaws, and their call for all 550 deputies to support this initiative appears unrealistic. Nationalist Movement Party (MHP) Chairman Devlet Bahçeli triggered the discussion last week when he called for the closure of the HDP, which, in his view, consists of "Qandil politicians who not only abstain from criticizing terrorists, but even praise their heinous acts."In addition, during his press conference before heading to China, President Recep Tayyip Erdoğan touched on the subject and stated that he was against political party closures, while adding that legal action against individuals should be taken. Referring to HDP Co-Chairwoman Figen Yüksekdağ's statements in which she declared that the HDP relied on the People's Protection Units (YPG) and the Democratic Union Party (PYD), Erdoğan said, "With regard to these individuals, Parliament should evaluate the situation and call them to account by lifting their legislative immunity."Meanwhile, during a press conference on Wednesday, HDP Group Deputy Chairwoman Pervin Buldan said that they would take legal steps to lift their legislative immunity. Indicating that HDP Co-Chairman Selahattin Demirtaş's statement that the HDP would petition to lift the legislative immunity of its own deputies, Buldan added: "We stand by our co-chairman's words, and we will appeal to the Speaker's Office with all of our deputies. We call on all members of Parliament: Let's lift the legislative immunity of all 550 deputies, and let everyone answer for their actions."However, the individual petition that the HDP's leading officials suggest is not sufficient to lift legislative immunity according to Parliament bylaws. The Constitution and Parliament bylaws state that summary proceedings regarding the lifting of legislative immunity are first sent to the Speaker's Office, and from there are relayed to the Joint Commission on the Constitution and Justice. The Joint Commission establishes a preparatory sub-commission consisting of five members; this sub-commission examines the summaries, and if necessary holds hearings concerning deputies who are the subject of investigations. In a month, a report is produced, and the deputies in question are given 10 days to file an objection. Both the lifting of legislative immunity and the objections are then voted on in the general assembly. In the voting, a simple majority, 276 votes, is sought. If the voting achieves a simple majority, the legislative immunity of the deputies in question are lifted, and they become triable; however, the law states that this decision does not make them lose their posts, and it does not constitute an obstruction to the legislative activities of the deputies.