Constitutional Court's Can Atalay ruling published in Official Gazette: Official application for release filed

The Constitutional Court's (AYM) ruling regarding Gezi prisoner and TİP Hatay MP Can Atalay, stating that there has been a "violation of rights in terms of the right to vote and be elected and the right to personal security and liberty," has been published in the Official Gazette. The Constitutional Court also ruled that 50 thousand TL in non-pecuniary damages be paid to Atalay.

In its decision, the High Court cited previous rulings made in cases such as those of Ömer Faruk Gergerlioğlu, Enis Berberoğlu, Mustafa Balbay, and Mehmet Haberal.

The decision recalled "Legislative immunity" and Article 14 of the Constitution, which includes the statement: "None of the rights and freedoms set forth in the Constitution shall be exercised in the form of activities aiming to violate the indivisible integrity of the State with its territory and nation, and to abolish the democratic and secular Republic based on human rights."

The following statements were included in the operative part of the Constitutional Court's decision:

- Unanimously, that the claim regarding the violation of the right to be elected and to engage in political activity is admissible,

- Unanimously, that the claim regarding the violation of the right to personal liberty and security is admissible,

- By majority vote, with the dissenting votes of Muammer Topal, Yıldız Seferinoğlu, Basri Bağcı, İrfan Fidan, and Muhterem İnce, that the right to be elected and to engage in political activity guaranteed under Article 67 of the Constitution has been violated,

- By majority vote, with the dissenting votes of Muammer Topal, Yıldız Seferinoğlu, Basri Bağcı, İrfan Fidan, and Muhterem İnce, that the right to personal liberty and security guaranteed under Article 19 of the Constitution has been violated,

- Unanimously, that there is no need to examine other claims of violation,

- That a copy of the decision be sent to the Istanbul 13th High Criminal Court (File No. 2021/178) for the implementation of procedures such as initiating a retrial of the applicant to eliminate the rights violations, suspending the execution of the conviction, ensuring his release from the penal institution, and issuing a stay of proceedings in the retrial,

- That 50,000 TL in net non-pecuniary damages be paid to the applicant,

- That a copy of the decision be sent to the Ministry of Justice, decided on 25/10/2023.

OFFICIAL APPLICATION FILED FOR HIS RELEASE

A request was made to suspend the execution of the conviction against Can Atalay.

In the application, it was stated: "I request that the state of deprivation of liberty, which has been maintained unlawfully since October 25, 2023, be terminated, that his release from the penal institution be ensured (See Constitutional Court General Assembly decision), that the arrest warrant against him be revoked and his release be ordered, and that a stay of proceedings be issued in the retrial."

News Source: 12punto