Striking statement from Constitutional Court President Zühtü Arslan! 'There can be no remote-controlled judiciary or judge'

Constitutional Court President Zühtü Arslan used the expression, "There can be no remote-controlled judiciary or judge."

According to the statement made by the Constitutional Court, Arslan met with judge and prosecutor candidates at the Constitutional Court Grand Assembly Hall as part of the Academy Talks organized by the Justice Academy of Turkey.

In his speech, Zühtü Arslan stated that the fundamental function of the judiciary and law is to guarantee the rights and freedoms of the individual.

Emphasizing that the common denominator of all judicial systems is the rule of law, Arslan stated that states that do not establish justice cannot exist for long, and that it is the duty of judges and prosecutors to ensure justice by "putting everything in its proper place."

Offering professional advice to judge and prosecutor candidates, Constitutional Court President Arslan stated that conscience does not accept captivity and the mind does not accept tutelage, emphasizing, "There can be no remote-controlled judiciary or judge."

WHAT HAD HAPPENED?

After being sentenced to 18 years in prison in the Gezi Park trial, Can Atalay was elected as a deputy from the TİP in the 28th Term Parliamentary General Elections held on May 14. Atalay's application requesting that "the proceedings against him be stayed and he be released 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, claiming that his right to "be elected and engage in political activity" was violated because the request for a stay of proceedings on the grounds that he had gained legislative immunity by being elected as a deputy was rejected and the trial continued, and that his right to "personal liberty and security" was violated because his request for release was rejected.

While the process was ongoing, the 3rd Criminal Chamber of the Court of Cassation upheld the 18-year prison sentence given to Can Atalay. The Constitutional Court accepted the application and ruled by majority vote on October 25 that Can Atalay's rights to "be elected" and "personal liberty and security" had been violated. The short decision of the Constitutional Court was sent to the Istanbul 13th High Criminal Court, which heard the Gezi trial and issued the verdict.

The 3rd Criminal Chamber of the Court of Cassation signed a historic ruling while evaluating the decision of the Constitutional Court (AYM), which ruled that there was a "violation of rights" for Workers' Party of Turkey (TİP) Deputy Can Atalay and that he should be released. While the Court of Cassation rejected Atalay's release despite the Constitutional Court's decision, it stated that the members of the Constitutional Court who ruled for a violation of rights had exceeded their authority. The Court of Cassation also decided to file a criminal complaint against the members of the Constitutional Court.