HÜDA-PAR's criticism about immutable articles of constitution spark controversy

Duvar English

Statements made by Turkey’s radical Islamist Free Cause Party (HÜDA-PAR) chair Zekeriya Yapıcıoğlu during a program about the non-amendable articles of the constitution sparked backlash. 

Yapıcıoğlu said, “I explained it as if talking to a fool, but they still refuse to understand. We say there should not be an Article 4 in the Constitution.”

The fourth article holds that the first three articles of the Constitution of the Republic of Turkey are non-amendable, and their amendments cannot be proposed. 

The first three articles establish that Turkey is a republic, a democratic, secular, and social state "governed by rule of law, within the notions of public peace, national solidarity and justice, respecting human rights, loyal to the nationalism of Atatürk."

It also establishes the state as an indivisible entity with its territory and nation, its language as Turkish, and its capital as Ankara. 

Yapıcıoğlu continued, “The fact that the constitution has unchangeable articles does not mean we should change all the articles you say cannot be changed. We oppose Article 4 of the Constitution. Article 4 places a mortgage on the will of future generations. Let’s sit down and write the other articles together. Not the first four articles, but Article 4.”

The suggestion drew criticism from main opposition Republican People’s Party (CHP) member Kazım Bilgen, who filed a criminal complaint against Yapıcıoğlu with the Istanbul Chief Public Prosecutor's Office.

Bilgen requested an investigation into Yapıcıoğlu and demanded his punishment for “attempting to abolish the constitutional order or replace it with another system, insult, and inciting hatred and hostility among the public.” 

Speaking in front of the courthouse, Bilgen said, “Someone thought the coast was clear and began speaking. The first four articles of the Constitution cannot even be proposed for amendment. Who do you think you are? I filed a complaint against HÜDA-PAR Chairman Yapıcıoğlu. We will see justice.”

Bilgen held that Yapıcıoğlu committed a “constitutional crime” with his statement. “These articles safeguard the fundamental structure and characteristics of the Republic of Turkey,” the CHP MP maintained. 

“Yapıcıoğlu made remarks against the unity of our state, the secular order, the republic, and Atatürk’s principles and revolutions, thereby committing a constitutional crime. This action poses a significant threat to the protection of the constitutional order and damages the fundamental principles of the Republic of Turkey,” the deputy concluded. 

Chief Presidential Adviser Mehmet Uçum weighed in on Yapıcıoğlu's remarks with a social media post. Uçum stated, 

"The principle of non-amendment is the founding generation's advice to future generations, not, as some claim, a restriction on the will of subsequent generations. This is not possible in practice, as every generation ultimately has the right to establish its own foundations. However, each new foundation must be based on the accumulated experience of the previous generation. Otherwise, the continuity of the state, nation, and country is put at risk."

CHP Chair Özgür Özel targeted HÜDA-PAR’s allies during the general elections, Turkey’s ruling Justice and Development Party (AKP) and the Nationalist Movement Party (MHP). Özel drew attention to the hypocrisy of AKP in collaborating with MHP and HÜDA-PAR at the same time. 

“While seeking votes by exploiting the nation's patriotic and religious sentiments with talk of homeland, flag, and the call to prayer, the AKP and MHP give credit to those who oppose the nation's flag, the national anthem, and Ankara being the capital.”

MHP Vice President İsmail Özdemir dismissed the criticism, saying the arguments around amending Article 4 were "void and futile." 

In the early 2000s, Hizbullah started to reorganize itself quietly under several foundations, associations, and other entities in Turkey. Several members of the group established the HÜDA-PAR as a political party in December 2012 with the support of the current government, which green-lighted the party's entry into politics. For the 2023 general election, HÜDA-PAR candidates ran under AKP tickets and four deputies entered into Parliament.