Not released despite Constitutional Court ruling: Can Atalay requests investigation from HSK

Gezi prisoner and TİP Hatay MP Can Atalay has requested an investigation by the Council of Judges and Prosecutors (HSK) into the Istanbul 13th High Criminal Court for failing to implement the release order despite the Constitutional Court's ruling.

12punto 31 October 2023

Workers' Party of Turkey (TİP) Hatay MP and Gezi prisoner Can Atalay, evaluating the violation ruling issued by the Constitutional Court regarding his case, saw the Istanbul 13th High Criminal Court send the file to the Court of Cassation 3rd Criminal Chamber on the grounds that it did not pertain to the decision rendered by the local court.

Can Atalay made assessments regarding the Istanbul 13th High Criminal Court's decision on his social media account.

To the press and the public,

1- It is clear that every minute the Constitutional Court decision dated October 25 is not implemented harms the qualities of the state, which is obligated to protect the rights and freedoms of everyone living in this country. However, we do not accept the "dual state" understanding. To this…
— can atalay (@CanAtalay1) October 31, 2023

In his statement, Atalay said, "It is clear that every minute the Constitutional Court decision dated October 25 is not implemented harms the qualities of the state, which is obligated to protect the rights and freedoms of everyone living in this country. However, we do not accept the 'dual state' understanding. We will not get used to this."

Requesting an investigation from the Council of Judges and Prosecutors (HSK), Atalay stated, "I request that the HSK investigate the clear violation of law by the Istanbul 13th High Criminal Court in sending the Constitutional Court decision, which was written almost as clearly as a guide, to another authority 'for necessary action'."

CALL TO THE GRAND NATIONAL ASSEMBLY OF TURKEY (TBMM)

Asking, "If there is a 'will' regarding the non-compliance with Constitutional Court decisions, since it is clear that this will cannot belong to the president of the 13th High Criminal Court, who are the owners of the dream of a state that is not bound by law?" Atalay issued a call to the TBMM:

"I invite the TBMM Human Rights Investigation Commission, of which I am a member, to convene with an agenda titled 'Investigating the continuation of the violation by failing to comply with the decision rendered to remedy the rights violation caused by the judicial decision.'

I invite the TBMM to investigate who those are who have replaced the judiciary to make decisions and to identify those attempting to suspend the constitutional order."