Atalay's lawyers: We will no longer file petitions... We have no requests

Lawyers for TİP MP Can Atalay have issued a written statement regarding the fact that Atalay continues to be held in prison despite the Constitutional Court (AYM) ruling that his rights were violated. Emphasizing that the AYM's decision is very clear, the lawyers announced that they will no longer file petitions.

The AYM had issued a 'violation of rights' ruling in the case of MP Can Atalay. Lawyers for Atalay, who remains in detention despite the AYM's decision, released a statement today. The statement said, "A court to implement the AYM decision is being sought." The full statement from Atalay's lawyers is as follows:

"As the undersigned lawyers, we will not make any legal requests from judicial bodies following the General Assembly decision of the Constitutional Court of the Republic of Turkey dated October 25, 2023, regarding Şerafettin Can Atalay. 

If a court can be found, we will wait for the Constitutional Court's decision to be implemented. 

If a court can be found, if judges who believe in the independence and impartiality of the judiciary emerge to implement the Constitutional Court's decision, and if the Constitutional Court's decision is fulfilled by courts and high-level courts, we will assume that everyone's personal liberty and security are protected. 

In short; the Republic of Turkey must respect and protect human rights within the framework of social peace, national solidarity, and the understanding of justice. 

We remind you once again that it is a democratic, secular, and social state of law based on the fundamental principles stated in the preamble of the Constitution. As the defense, we cannot accept the impression created that the legal system is functioning as it should. We cannot bring ourselves to file petitions or request release, which would mean legitimizing the ongoing illegalities and pretending that the law is being followed. 

The Constitutional Court's decision details all stages, what happened to the elected MP, and the violations of rights. We deem it unnecessary to repeat them. However, we have not lost our belief in the law or our trust in justice. Implement the Constitutional Court's decision. Prevent the continuous violation of human rights by judicial bodies.        

The Constitutional Court has ruled that the right to be elected and engage in political activity, guaranteed under Article 67 of the Constitution, and the right to personal liberty and security, guaranteed under Article 19 of the Constitution, of the applicant Can Atalay have been violated. 

On October 26, 2023, and October 27, 2023, it was requested through two separate petitions that the execution of the sentence against Can Atalay be suspended and that he be released from the prison where he is held, in accordance with the Constitutional Court's decision. The court did not concern itself with these requests of ours. 

Although the Constitutional Court General Assembly decision regarding Ş. Can Atalay (B.B 2023/53898, dated 25.10.2023) was sent to the Istanbul 13th High Criminal Court for implementation, the court, which kept it waiting without making any decision, stated in its letter dated October 30, 2023, that the violation subject to the individual application stemmed from the decision of the 3rd Criminal Chamber of the Court of Cassation, and that "...furthermore, since it is understood that the file was examined on its merits and decided upon by the relevant Criminal Chamber after the individual application was made, and that a new evaluation by the 3rd Criminal Chamber of the Court of Cassation is mandatory in the face of the new legal situation that has arisen," the file was sent to the Chief Public Prosecutor's Office of the Court of Cassation to be forwarded to the Court of Cassation without any decision being taken. 

It has not been heard of before, but the file was sent to the Court of Cassation simply with the signature of the Court President saying, "Let the 3rd Criminal Chamber of the Court of Cassation make the decision." 

A court to implement the Constitutional Court's decision is being sought. 

However, if a court to implement the Constitutional Court's decision is being sought not through a court order but only through a letter signed by the president of a court, it means there is no state of law. 

If the Constitutional Court's decision is not implemented, if the decision is not fulfilled; if a court to make the decision cannot be found, if it is not even deemed necessary to make a decision; it means the principle of impartiality and independence of the courts, which are the guarantee of everyone, does not exist.

The judiciary; while it should be the guarantor of fundamental human rights and freedoms, security, and the state of law, cannot cause a violation of rights. The Constitutional Court's decision has been issued, and this decision stands in the middle without being implemented. 

Which court will make a decision and when? The Constitutional Court's decision is looking for its court!

Despite the Constitutional Court's decision that would allow Can Atalay, who was elected as an MP but whose right to engage in politics has been taken away, to return from prison to the Parliament, that is, to his primary duty; if a court to make the decision is being sought, cannot be found, and it is unknown which court will make the decision; if those who should make the decision are not making it, it means that no one has any legal security left and the foundations of the state of law have rotted. 

As lawyers for MP Can Atalay, we are in a place where we are ignored. 

As the defense, why should we devalue ourselves as "assumed" by repeating our same requests while the Constitutional Court's decision stands there, and by filing petitions to courts and high-level judicial bodies? 

We will no longer file petitions... We have no requests, the Constitutional Court exists and is real. 

The Constitutional Court's decision is waiting clearly to be implemented. The decision is clear. It is a very understandable decision and has shown step by step what needs to be done. 

A court to implement it is being sought. 

As lawyers, we will now wait for you to find your court and make a decision. We will not be a party to illegalities and the continuous violations of human rights and freedoms. We will no longer make any requests.

We, the lawyers, did not pave the way for Constitutional Court decisions not to be implemented. We did not create the problem. 

We cannot accept being assumed to be in a place where the rule of law exists when we are ignored. 

However, even in the face of so much lawlessness and injustice; we hope and assume that the requirements of the state of law will be fulfilled. 

Human rights create justice and bring the law into existence. 

We will wait, and we are waiting, for a court to be found to fulfill the Constitutional Court's decision, and for a decision to be made for the sake of a secular, democratic state of law and democracy."

News Source: 12punto