Constitutional Court President Özkaya on Can Atalay: Constitutional Court rulings are binding

Constitutional Court (AYM) President Kadir Özkaya emphasized that the rulings of the Constitutional Court are binding in a statement made regarding the debates surrounding TİP Hatay MP Can Atalay, who is currently in prison.

Responding to a journalist's question, "Are the individual rulings of the Constitutional Court binding?" Özkaya stated, "The Constitutional Court has expressed this view through its rulings. We do not see a need to debate this. The answer to this question was clearly provided in the latest ruling we issued regarding Can Atalay. The entire academic community is in agreement on this matter. Interpretations to the contrary can be considered isolated opinions."

GEZI CASE FILES TO BE REVIEWED

Responding to a question about how the process will proceed regarding individual applications filed due to the non-compliance with the court ruling concerning Gezi Case convict Can Atalay, Özkaya stated, "When the files are ready and become ready for review, they will be evaluated. I cannot provide a calendar, but it will not take too long."

'I DO NOT FIND IT APPROPRIATE'

Kadir Özkaya also touched upon the tension between the Constitutional Court and the Court of Cassation. Regarding the fact that the disputes between the two high judicial institutions are on the agenda, he said, "I do not find it appropriate for two high judicial institutions to speak about such disputes."

Touching upon the rate of violation rulings issued by the Constitutional Court in individual applications, Özkaya stated, "The rate of violation rulings by the Constitutional Court in individual applications is at the level of 3 percent. This is an important indicator that the Constitutional Court is not acting as an appellate court, as has been alleged."

The President of the Constitutional Court stated that a new dialogue mechanism has been established between the Court of Cassation and the Constitutional Court. Explaining that steps are being taken to ensure harmony between the two high judicial bodies, Özkaya said, "If the Constitutional Court is going to cause a change in precedent at the Court of Cassation in a ruling it will issue, it now consults with the Court of Cassation on that file. Such a mechanism has been established in the new period. The Court of Cassation's opinion regarding the preliminary file is also being obtained."

SENTENCED TO 18 YEARS IN PRISON

Can Atalay was tried in the Gezi Park case in 2022 and was sentenced to 18 years in prison.