Every Turkish Citizen Should Join the Constitutional Vigil Started by Law Student Ömer Faruk!

Every day, another friend has joined the vigil that law student Ömer Faruk Aslan started alone. Lawyers have also joined the vigil. The Constitutional Vigil, which began in Istanbul, has spread to the courthouses in Izmir and Antalya. With this vigil for respect for the law, law students are teaching a lesson in law to all of Turkey.

Defending the constitutional order comes before all our ideological differences.

Today marks the 224th day of Can Atalay's captivity in Silivri. He was arrested on April 25, 2022. He was sentenced to 18 years. Following his election as a Workers' Party of Turkey (TİP) Hatay deputy in the May 2023 general elections, he applied to the Constitutional Court because his trial was not halted and he was not released.

With the 2010 referendum, an amendment was made to the Constitution, and with the addition of Article 148, citizens were granted the right to make individual applications to the Constitutional Court. Jurist and human rights defender Can Atalay made a personal application to the Constitutional Court based on this article. Every citizen should know Article 148 of the Constitution by heart. It says:

“Everyone may apply to the Constitutional Court on the grounds that one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights, which are guaranteed by the Constitution, has been violated by public authority.”

Jurist Can Atalay exercised this right. Indeed, the Constitutional Court ruled that Can Atalay's “Right to Personal Liberty and Security” and “Right to be Elected and Engage in Political Activity” had been violated.

On October 25, 2023, it sent the file to the local court for Can Atalay's release. It also ruled that 50 thousand liras in non-pecuniary damages be paid to Atalay.

In a true state of law, Can Atalay should have regained his freedom on October 25.

However, the local court (Istanbul 13th High Criminal Court), while not releasing Can Atalay, stated, “The discretion regarding the rejection or acceptance of the release request belongs to the High Chamber,” and sent the file to the 3rd Criminal Chamber of the Court of Cassation.

The 3rd Criminal Chamber of the Court of Cassation decided not to comply with the Constitutional Court's violation ruling regarding Can Atalay, to send the decision to the Grand National Assembly of Turkey (TBMM) to initiate proceedings for the stripping of Atalay's parliamentary membership, and to file a criminal complaint with the Chief Public Prosecutor's Office of the Court of Cassation against the members of the Constitutional Court who issued the violation ruling.

This move by the Court of Cassation will go down in history as a dark day in Turkish legal history. Workers' Party of Turkey (TİP) Chairman Erkan Baş made an urgent press statement at the TBMM regarding the Court of Cassation's decision, calling on the public and all political parties to unite and show solidarity against the judicial coup. After remaining silent for 2 months, the Constitutional Court issued a second violation ruling regarding Hatay Deputy Can Atalay. The Istanbul 13th High Criminal Court, which is obligated to implement the Constitutional Court's decision, has not reviewed the file for two days and has still not made a decision. Every citizen should know Article 153 of the Constitution by heart. Article 153 says: Decisions of the Constitutional Court are binding on the legislative, executive, and judicial organs.

If there is law, Can Atalay should not remain in prison for even 1 hour.

Istanbul Faculty of Law students have been holding a Constitutional Vigil in front of the Çağlayan Courthouse since November 22. Saying, “We will defend the constitutional process together against those who obey orders,” they have completed the 46th day of the vigil, regardless of rain, mud, or adverse weather conditions. Every day, another friend has joined the vigil that law student Ömer Faruk Aslan started alone. Lawyers also joined the vigil last night.

The Constitutional Vigil, which began in Istanbul, has spread to the courthouses in Izmir and Antalya. With this vigil for respect for the law, law students are teaching a lesson in law to all of Turkey. Because what happened to Can Atalay could happen to any of us one day. We all have to raise that powerful voice. Every Turkish citizen should join the Constitutional Vigil started by law student Ömer Faruk Aslan.