Home > 4.1 Parliamentary elections > TÜRKIYE - Opinion on the Suspension of the Second Paragraph of Article 83 of the Constitution (Parliamentary Inviolability)
 
 
 
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Paragraph 20
 

Before the adoption of the Amendment, this limited scope of non-liability was not so important since the Turkish Constitution provides in addition to non-liability also for inviolability. The second paragraph of Article 83 of the Turkish Constitution provides that a deputy who is alleged to have committed an offence before or after election shall not be detained, interrogated, arrested or tried unless the Assembly decides otherwise. The provision provides for two exceptions to the principle of inviolability of the members of the National Assembly: 1) the Member of the Assembly is caught committing a crime in flagrante delicto; 2) for the crimes covered by Article 14 of the Constitution, with the condition that the investigation has been initiated before the election of the deputy concerned. The Amendment now temporarily suspends the application of this second paragraph of Art. 83.