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Ankara Bar Association: Our colleague Can Atalay must be released

The Ankara Bar Association has issued a statement regarding Can Atalay. Highlighting the second ruling of rights violation, the statement emphasized that the Court of Cassation must fulfill its duty and that Can Atalay should be released.

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Lawyers for Can Atalay, who was elected as a Hatay MP while in prison and for whom the Constitutional Court ruled for his release for the second time on December 21, had been waiting for the Istanbul 13th High Criminal Court panel to implement the release order since 10:30 AM.

The Istanbul 13th High Criminal Court decided to send the file to the Court of Cassation for a decision regarding Workers' Party of Turkey (TİP) MP Can Atalay, for whom the Constitutional Court (AYM) had issued a second ruling of rights violation.

STATEMENT FROM THE ANKARA BAR ASSOCIATION

The Ankara Bar Association, in a written statement, included the phrases, "Enough is enough, the Constitutional Court ruling must be implemented. Our colleague Can Atalay must be released."

The full statement from the Ankara Bar Association is as follows:

"As is known, a ruling of rights violation was issued regarding our colleague, Hatay MP Attorney Ş. Can Atalay, as a result of the individual application he made to the Constitutional Court; Can Atalay, who should have been released in accordance with the relevant violation ruling, was not released by the Istanbul 13th High Criminal Court and the 3rd Criminal Chamber of the Court of Cassation, which disregarded Constitutional provisions. As a result of the individual application made following this unlawful decision, a violation ruling was issued by the Constitutional Court; it was also ruled that the right to individual application had been violated.

It is stipulated that the decisions of the Constitutional Court shall bind the legislative, executive, and judicial organs, administrative authorities, and real and legal persons in accordance with Article 153, Paragraph 6 of the Constitution. As clearly emphasized in the second violation ruling issued by the Constitutional Court, what the court that receives the violation ruling must do is not to question the appropriateness or expediency of the violation ruling, but to initiate the relevant judicial proceedings to remedy the consequences of the violation.

In conclusion, not only was the first violation ruling issued by the Constitutional Court not implemented, but the failure to eliminate the consequences of the first violation has created a new illegality. The necessity of legally eliminating this grievance was clearly pointed out in the second violation ruling. We are at the point where words fail. The requirements of this decision, which is the litmus test of whether or not we are a state of law, must be implemented without any ifs or buts; our colleague, MP Attorney Ş. Can Atalay, must be released immediately."