Reasoning for Constitutional Court's Can Atalay ruling published in Official Gazette

The Constitutional Court, which issued a press release regarding the situation of TİP Hatay MP Can Atalay, who was not released despite the Court of Cassation's decision, has published the reasoning for its second 'release' ruling in the Official Gazette.

RULING IN THE OFFICIAL GAZETTE

In the ruling, as stated in the announcement, it was concluded that Can Atalay's right to individual application was violated. The relevant provision was adopted unanimously.

The Constitutional Court's ruling regarding Atalay's application is as follows:

"VII. RULING

A. UNANIMOUSLY that the claim regarding the violation of the right to be elected and engage in political activity, the right to personal liberty and security, and the right to individual application is ADMISSIBLE,

B. 1. UNANIMOUSLY that the right to individual application guaranteed under Article 148 of the Constitution has been VIOLATED,

2. BY MAJORITY VOTE, with the dissenting votes of Muammer TOPAL, İrfan FİDAN, and Muhterem İNCE, 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 have been VIOLATED,

C. UNANIMOUSLY that a copy of the ruling be SENT to the Istanbul 13th High Criminal Court (E.2021/1178) for the execution of procedures to eliminate the rights violations identified in the Constitutional Court's unexecuted Şerafettin Can Atalay (2) ruling and the current Şerafettin Can Atalay (3) ruling, specifically to initiate the applicant's retrial, stay the execution of the conviction, ensure his release from the penal institution, and issue a stay of proceedings in the retrial,

D. UNANIMOUSLY that a net non-pecuniary compensation of 100,000 TL be PAID to the applicant, in accordance with his request,

E. UNANIMOUSLY that a total of 21,020.60 TL in litigation costs, consisting of 2,220.60 TL in court fees and 18,800 TL in attorney fees, be PAID to the applicant,

F. That the payment be made within four months from the date of the applicant's application to the Ministry of Treasury and Finance following the notification of the ruling, and that in case of delay in payment, legal INTEREST shall be APPLIED for the period from the end of this period until the date of payment,

G. That a copy of the ruling be SENT to the Grand National Assembly of Turkey, the Ministry of Justice, and the Council of Judges and Prosecutors for information and due to their relevance, decided on 21/12/2023."

News Source: 12punto