Developments in the Can Atalay case

AYM (Constitutional Court) lawyers had filed a second application to the Constitutional Court for Can Atalay, whose release was blocked by the ruling of the Court of Cassation and the failure of the Istanbul 13th High Criminal Court to comply with the Constitutional Court's decision.

The application emphasized that the right to immunity was violated for a second time by not implementing the Constitutional Court's decision, and requested Atalay's release.

TO BE HEARD ON DECEMBER 13

The Constitutional Court has decided to hear the second application filed due to the failure to implement the rights violation decision regarding TİP Hatay MP Can Atalay on December 13.

WHAT HAPPENED?

The Constitutional Court evaluated the individual application of imprisoned Hatay MP Can Atalay, who was sentenced to 18 years in prison in the Gezi Park trial, on October 25, 2023.

The Constitutional Court ruled that Atalay's rights to "be elected and engage in political activity" and "personal liberty and security" had been violated. Ordering the payment of 50 thousand liras in non-pecuniary damages, the Constitutional Court decided for a retrial to eliminate the violation, for a stay of proceedings in the trial, and for the execution of the sentence to be suspended and Atalay to be released. 

The Constitutional Court sent the violation decision to the Istanbul 13th High Criminal Court on October 25. The Istanbul 13th High Criminal Court, which did not issue a release order, sent the file to the Court of Cassation 3rd Criminal Chamber on October 27. 

The Court of Cassation 3rd Criminal Chamber sent a letter to the court on November 1, stating that the letter sent to them was a "memorandum" and requested that a decision be made regarding the sending of the file.

Upon this, the Istanbul 13th High Criminal Court decided to send the file to the Court of Cassation, and on November 2, it sent 28 handcuffed sacks related to the court file to the Court of Cassation.

On November 8, the Court of Cassation 3rd Criminal Chamber decided not to "comply" with the Constitutional Court's decision and to file a criminal complaint against the Constitutional Court members who voted in favor of Can Atalay's release.

News Source: 12punto