Statement from the Union of Turkish Bar Associations on Can Atalay: 'It is a grave attack'

The Union of Turkish Bar Associations (TBB) issued a statement regarding the decision taken at the extraordinary session of the TBMM General Assembly concerning Can Atalay: “Keeping a member of parliament in prison and preventing them from participating in parliamentary proceedings based on an act that has been determined to have never existed is not only a violation of the right to personal security and liberty, but also a grave attack on the legislative body.

The situation we are facing has become a matter of existence or non-existence for our constitutional order, beyond the parliamentary status of Ş. Can Atalay,” the statement read.

The TBB issued a written statement regarding the decision taken at the extraordinary session of the TBMM General Assembly, which was convened at the call of the opposition for Can Atalay, who remains in prison despite a Constitutional Court ruling. The TBB's statement is as follows:

"The Grand National Assembly of Turkey (TBMM) was called to meet on August 16, 2024, to discuss the Constitutional Court's (AYM) determination of non-existence regarding the stripping of Hatay MP Şerafettin Can Atalay of his parliamentary status. However, the parliamentary majority prevented the opening of a general debate, thereby also preventing the TBMM General Assembly from identifying the ongoing error, demonstrating the necessity for relevant authorities to take steps to rectify this error, and, above all, expressing the will to underline that we are a state of law that derives its power from the Constitution.

The incidents that occurred during the proceedings in the TBMM General Assembly, which led to the injury of some members of parliament and the shedding of blood on the General Assembly floor, cannot be explained or accepted in any way. The attack on the representatives of the nation under the expression 'Sovereignty belongs unconditionally to the nation' is an attack on the nation's sovereignty.

The determination of non-existence in the AYM's decision dated 22/2/2024, numbered E. 2024/43 and K. 2024/65, states that Ş. Can Atalay's parliamentary status has not been revoked. Just as the TBMM or any other body has no authority to hold a vote on the accuracy or inaccuracy of this decision, it is also impossible for it to act in a way that would nullify the consequences of the decision.

According to the AYM, the act of stripping Ş. Can Atalay of his parliamentary status by reading the judicial decision against him in the TBMM General Assembly is a 'de facto situation,' that is, an act that 'does not exist in law.' Keeping a member of parliament in prison and preventing them from participating in parliamentary proceedings based on an act that has been determined to have never existed is not only a violation of the right to personal security and liberty, but also a grave attack on the legislative body.

The situation we are facing has become a matter of existence or non-existence for our constitutional order, beyond the parliamentary status of Ş. Can Atalay. We invite everyone to act with this sense of responsibility and to ensure that Hatay MP Ş. Can Atalay is immediately released and allowed to participate in parliamentary proceedings."

Karşı karşıya olduğumuz durum, Ş. Can Atalay’ın milletvekilliğinin ötesinde, anayasal düzenimiz bakımından bir varlık yokluk meselesi hâline gelmiştir.

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— Türkiye Barolar Birliği (@barolar) August 17, 2024

News Source: 12punto