Statement on 'Can Atalay' from Istanbul Bar Association President Attorney Filiz Saraç: 'It is a requirement of a democratic state of law'
The Constitutional Court (AYM) accepted the individual application of TİP Hatay MP Can Atalay and ruled that there was a 'violation of rights'. Istanbul Bar Association President Attorney Filiz Saraç made an assessment on the matter via her social media account.
The Constitutional Court (AYM) accepted the individual application of TİP Hatay MP Can Atalay and ruled that there was a 'violation of rights'.
Istanbul Bar Association President Attorney Filiz Saraç made an assessment via her social media account. Saraç stated the following:
"IT IS A REQUIREMENT OF THE RULE OF LAW"
"The Constitutional Court (AYM) has ruled that there was a 'violation of rights' regarding the right to be elected and the right to personal liberty and security of TİP Hatay MP Attorney Can Atalay, who is being held in prison despite being elected as an MP and receiving his certificate of election.
We have expressed in our Bar Association's statements that the removal of obstacles preventing our member, Attorney Ş. Can Atalay, from immediately participating in legislative activities as an elected MP is a requirement of the right to vote and be elected, which is protected by the Constitution of the Republic of Turkey and the European Convention on Human Rights.
According to the 2nd paragraph of Article 83 of our Constitution, titled 'Legislative Immunity', 'An MP who is alleged to have committed an offense before or after the election cannot be detained, interrogated, arrested, or tried without a decision of the Parliament.'
In line with the jurisprudence of the Court of Cassation, the Constitutional Court, and the ECHR, it is a requirement of a democratic state of law for our colleague to fulfill his legislative duty in accordance with the will of the voters."
The Constitutional Court (AYM) has ruled that there was a 'violation of rights' regarding the right to be elected and the right to personal liberty and security of TİP Hatay MP Attorney Can Atalay, who is being held in prison despite being elected as an MP and receiving his certificate of election.
— Av. Filiz Saraç (@AvFilizSarac) October 25, 2023
Our member, Attorney Ş. Can Atalay's…
News Source: 12punto
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