CHP files application to Constitutional Court regarding Can Atalay

The Republican People's Party (CHP) has applied to the Constitutional Court with the request that the revocation of the parliamentary membership of Workers' Party of Turkey (TİP) Hatay MP Can Atalay be declared "null and void."

APPLICATION FROM CHP TO THE CONSTITUTIONAL COURT

The CHP's application was submitted to the Constitutional Court by Group Deputy Chairman Gökhan Günaydın.

Speaking to members of the press, Günaydın said, "The revocation of Can Atalay's parliamentary membership is null and void. The decision must be sent to Parliament within 15 days. Why has Kurtulmuş not read this decision until today?"

Günaydın stated the following:

"The revocation of Can Atalay's parliamentary membership is null and void. The decision must be sent to Parliament within 15 days. Why has Kurtulmuş not read this decision until today? It was read in the Grand National Assembly of Turkey (TBMM) and it was claimed that Can Atalay's parliamentary membership was revoked. We all know that, in accordance with Article 84, Paragraph 2 of the Constitution, a final judgment is required for a parliamentary membership to be revoked. However, there is no final judgment rendered against Atalay. The Constitutional Court, in line with the applications made to it, ruled that Atalay's rights regarding his right to be elected and to engage in politics were violated. A single judge sent the higher court decision to the appellate authority with a cover letter, and the president of the 3rd Criminal Chamber of the Court of Cassation forwarded the decision to the TBMM with a letter, and this decision was read. This situation is clearly contrary to the preamble and Articles 2, 6, and 153 of the Constitution. Furthermore, it has emerged that Bekir Bozdağ, who was acting as the Deputy Speaker of Parliament, has lost his impartiality. While it was stated to the party group deputy chairmen at the advisory board meeting at 14:55 that the decision would be read, the AKP group deputy chairman stated on a television channel before noon that they would have the decision read. Therefore, is the parliament being managed by the AKP or by a deputy speaker who is supposed to be impartial? In accordance with Articles 2, 6, and 153 of the Constitution, we are requesting that the Constitutional Court declare the provision to have the motion read for the revocation of parliamentary membership null and void."

WHAT HAD HAPPENED?

The Constitutional Court (AYM) had issued two rulings of rights violations regarding the imprisoned TİP Hatay MP Can Atalay, but both the Istanbul 13th High Criminal Court and the Court of Cassation had refused to recognize these rulings.

Following these decisions, all eyes turned to Parliament. Because Kurtulmuş was abroad, the session was convened under the chairmanship of TBMM Deputy Speaker Bekir Bozdağ, and Atalay's parliamentary membership was revoked.

News Source: 12punto