Criminal complaint from the TBB against A Haber and Yeni Şafak

The Union of Turkish Bar Associations (TBB) announced that it has filed a criminal complaint against those who produced and published reports targeting the Constitutional Court (AYM) and the members of the High Court, whom they leveled various accusations against, during the judicial crisis caused by the Court of Cassation 3rd Chamber's ruling on Can Atalay.

The TBB's statement regarding the matter is as follows:

"The Union of Turkish Bar Associations (TBB) has filed a criminal complaint against those who produced and published reports in A Haber and the newspaper Yeni Şafak that targeted the Constitutional Court and the court members against whom they leveled various accusations.

In the reports in question, under the headlines 'The AYM's decision paved the way for FETÖ and the PKK! Who are the 9 members who ruled for a 'violation' regarding Can Atalay?' and 'They opened the door to FETÖ and the PKK', the photographs of the Constitutional Court members who ruled for a violation regarding Hatay Deputy Ş. Can Atalay were shared as news visuals. Furthermore, the members were targeted by having their names written in bold to draw attention.

The expressions included in the report are accusations that disregard the function of constitutional adjudication and its position in the legal system, and are aimed at discrediting constitutional justice.

For this reason, a criminal investigation should be conducted into those who produced the reports in question and the individuals responsible for their publication;

It has been requested that a public lawsuit be filed under Article 217/A of the Turkish Penal Code for 'publicly disseminating misleading information,' Article 267 for 'slander,' Article 288 for 'attempting to influence a fair trial,' Article 301 for 'insulting the Turkish Nation, the State of the Republic of Turkey, and the institutions and organs of the State,' and under the first paragraph of Article 6 of the Anti-Terror Law.

WHAT HAD HAPPENED?

After being sentenced to 18 years in prison in the Gezi Park trial, Can Atalay was elected as a deputy for the Workers' Party of Turkey (TİP) in the 28th Term Parliamentary General Elections held on May 14. Atalay's request for the 'suspension of the trial and his release due to his election as a deputy' was rejected by the 3rd Criminal Chamber of the Court of Cassation. An individual application was made to the Constitutional Court (AYM), claiming that his right to 'be elected and engage in political activity' was violated because the request for a stay of proceedings due to his legislative immunity was rejected and the trial continued, and that his right to 'personal liberty and security' was violated because his release request was denied.

While Can Atalay's lawyers were filing for his release, the Court stated that the authority to make a decision on the file rested with the 3rd Criminal Chamber of the Court of Cassation and sent the file to that chamber.

The Court of Cassation, stating that it did not recognize the AYM's decision, filed a criminal complaint against the members who had signed the decision in question.

While politicians made successive statements regarding the judicial crisis in Turkey, the pro-government newspaper Yeni Şafak targeted the AYM members.