Justice Minister Tunç speaks on Can Atalay ruling: "We will wait for the judicial process, we will respect the decision"

Justice Minister Yılmaz Tunç answered questions from members of the press following his attendance at the International Family Law Symposium.

While the release of Atalay continues to be delayed, Justice Minister Yılmaz Tunç made the following assessment regarding the question about the court's Can Atalay decision:

"It is not possible for the Minister of Justice to comment. The judiciary is independent. The Republic of Turkey is a state of law. Ignoring certain articles of the constitution through differences in interpretation is unconstitutional. There are high courts in our constitution. We will wait for the judicial process. We will respect the decision. We will look at the decision the Court of Cassation will make. We will examine the process all together."

Stating that the decision to be made by the Court of Cassation should be awaited, Tunç emphasized Article 83 of the Constitution, which covers "legislative irresponsibility and legislative immunity," and said, "Let us all protect the rule of law together. Article 83 was not just invented. It is everyone's duty to protect the rule of law."

Tunç said the following:

"There is a situation here that concerns the judiciary. After the Constitutional Court's decision, the first-instance court president sent the file to the 3rd Criminal Chamber of the Court of Cassation, thinking that the individual application subject to the Constitutional Court had been concluded during the Court of Cassation process and was a result of the decision rendered by the 3rd Criminal Chamber of the Court of Cassation. Now, it is of course not possible for the Minister of Justice to comment on the matter currently before the judiciary. The judiciary will make the most accurate decision independently and impartially.

However, let us state this; the Republic of Turkey is a state of law. In a state of law, everyone is bound by the constitution and the laws. Therefore, no person or organ can exercise authority not derived from the constitution to which we are bound. For that reason, ignoring certain articles of the constitution through differences in interpretation is also unconstitutional. Therefore, we will all wait for the judicial process together. We will also respect the decision to be made as a result of this judicial process."

"ARTICLE 83 WAS NOT JUST INVENTED"

There are different interpretations regarding how a final judgment can be lifted. Our constitution has many clauses. We must not mislead the public. All legal professionals know what the determined situations are and what the sanctions contrary to those situations are.

It is not right to create a conflict between high courts. It is necessary to avoid interpretations that would damage the rule of law. This binds both the Constitutional Court and the Court of Cassation. We will all look at the decision the Court of Cassation will make together. There are favorable and unfavorable decisions in the case currently being heard. This Constitution is not being applied for the first time; Article 83 was not just invented. Let us wait and see, let us protect the rule of law, let us comply with the Constitution."

The Istanbul 13th High Criminal Court, evaluating the violation decision rendered by the Constitutional Court regarding TİP MP and Gezi Park trial defendant Can Atalay, had sent the file to the 3rd Criminal Chamber of the Court of Cassation on the grounds that it did not relate to the decision rendered by the local court.

According to Article 83 of the Constitution, legislative immunity protects members of parliament against being detained, interrogated, arrested, and tried. According to the prevailing view in our criminal procedure law, there is no constitutional obstacle to performing procedures other than these.

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