Decision was expected: Constitutional Court postpones Can Atalay hearing

The Constitutional Court has postponed to a later date the hearing it was set to hold regarding the individual application of TİP MP Can Atalay, whose 18-year prison sentence in the Gezi Park trial was upheld by the Court of Cassation. The Constitutional Court was expected to reach a final decision on the appeal.

According to a report by Alican Uludağ from DW Türkçe, the Constitutional Court rapporteur, who had completed their work on the application prior to the meeting, had submitted an opinion stating that Can Atalay's rights had been violated. Uludağ reported that the reason for the postponement was that a member stated they were not prepared for the file. In recent months, Selahattin Demirtaş's application had also been postponed for the same reason.

WHAT HAPPENED?

TİP Hatay MP Can Atalay was one of the 8 defendants tried alongside Osman Kavala in the Gezi Park trial. On April 26, 2022, the Istanbul 13th High Criminal Court sentenced Osman Kavala to aggravated life imprisonment for "attempting to overthrow the government" and sentenced 7 other defendants, including Can Atalay, to 18 years in prison for aiding in the attempt to overthrow the government.

While imprisoned, Can Atalay was elected as a TİP MP for Hatay in the May 14 elections. However, the 3rd Criminal Chamber of the Court of Cassation rejected the request for a stay of proceedings and his release, citing his legislative immunity. On September 28, 2023, the Chamber upheld the sentences of Osman Kavala, Can Atalay, Mine Özerden, Çiğdem Mater, and Tayfun Kahraman.