Can Atalay's 2nd application to be heard on December 21

The General Assembly of the Constitutional Court will discuss and decide on the second application filed due to the non-compliance with the violation ruling regarding Can Atalay, who was elected as a member of parliament from the Workers' Party of Turkey (TİP) and is a prisoner in the Gezi Park case, during its General Assembly agenda on December 21.

Atalay's lawyers had filed a second application due to the failure to comply with the Constitutional Court's violation ruling regarding Atalay, who was sentenced to 18 years in prison as part of the Gezi Park case.

The application emphasized that "the right to be elected and engage in political activity was violated due to the failure to fulfill the requirements of the Constitutional Court's violation ruling, and the right to personal liberty and security was violated due to the continued execution of the conviction."

The First Section of the Constitutional Court added the application to yesterday's General Assembly agenda, and it was decided unanimously to refer the application to the General Assembly for a decision. The High Court decided that the individual application regarding Atalay would be discussed and decided upon during the General Assembly agenda on December 21.

WHAT HAPPENED?

Lawyers for Can Atalay, who was elected as a Hatay MP from the Workers' Party of Turkey (TİP), had applied to the Court of Cassation requesting that "the proceedings against him be stayed and he be released" following his election in the 28th Term Parliamentary General Elections.

After the Court of Cassation rejected the request, Atalay filed an individual application with the Constitutional Court, and the court ruled that his rights to "be elected and engage in political activity" and "personal liberty and security" had been violated, ordering Atalay's retrial and release.

The file, which was sent to the local court by the Constitutional Court with a request for Atalay's retrial and release, was forwarded to the 3rd Criminal Chamber of the Court of Cassation by the local court without being decided upon, but the criminal chamber in question did not comply with the violation ruling.

News Source: 12punto