Will the Can Atalay crisis be resolved at the ECHR? Here are the 3 remaining paths...

Workers' Party of Turkey (TİP) Hatay deputy Can Atalay's parliamentary status was not restored because the ruling AKP party blocked the reading of the Constitutional Court (AYM) decision, which deemed the process of stripping him of his parliamentary seat null and void, in the Grand National Assembly of Turkey. Consequently, Can Atalay has been unable to regain his status as a deputy.

2 COURTS, 3 APPLICATIONS

According to a report by Alican Uludağ from DW Turkish; Can Atalay has three separate applications awaiting a decision: two at the Constitutional Court and one at the European Court of Human Rights (ECHR).

There is an individual application pending before the Constitutional Court regarding the merits of the Gezi Park trial, in which Can Atalay was sentenced to 18 years in prison for 'aiding in the attempt to overthrow the government.' During the tenure of former President Zühtü Arslan, the Constitutional Court took this application under review by its sections. The Ministry of Justice's opinion on the matter was obtained. However, under the new President Kadir Özkaya, Atalay's application has not yet been placed on the section's agenda. Similarly, the application of businessman Osman Kavala, who was sentenced to aggravated life imprisonment in the same case, is also under review 'before the sections.' Once the procedural steps are completed, the Gezi Park case will be heard on its merits by the Constitutional Court.

A potential ruling of rights violation by the Constitutional Court in this case would pave the way for the release of the five Gezi defendants currently in prison. Osman Kavala, Can Atalay, Mine Özerden, Çiğdem Mater Utku, and Tayfun Kahraman remain incarcerated.

COURT OF CASSATION DECISION AWAITING REVIEW AT THE CONSTITUTIONAL COURT

Can Atalay also has an individual application file pending before the Constitutional Court. This application was filed after the 3rd Criminal Chamber of the Court of Cassation refused to comply with the second violation of rights ruling issued by the Constitutional Court. It is stated that the application, which is currently under review by the sections, will be brought to the agenda in the new judicial year. The Constitutional Court is expected to issue a new violation ruling regarding this application as well.

ATALAY HAS ALSO APPLIED TO THE ECHR

On the other hand, it has been learned that Can Atalay, through his lawyers, also filed an application with the ECHR after the 3rd Criminal Chamber of the Court of Cassation failed to implement the Constitutional Court's first violation ruling. The process at the ECHR regarding this application, which has not been disclosed to the public, is ongoing. It was stated that the ECHR has requested a defense from Turkey on this matter.

Can Atalay's lawyer, Deniz Özen, stated that the Constitutional Court's rulings regarding Atalay were not being implemented for political rather than legal reasons, saying, "The Constitution has been suspended. Even if a new court ruling were issued today, they would not implement that either."

News Source: 12punto