Court of Cassation announces decision on Can Atalay appeal

The 4th Criminal Chamber of the Court of Cassation has ruled that there is no grounds for a decision regarding the appeal filed against the Court of Cassation 3rd Criminal Chamber's decision not to comply with the Constitutional Court's (AYM) violation ruling concerning Can Atalay, who was elected as a deputy from the Workers' Party of Turkey (TİP).

Atalay's lawyers had appealed the decision of the Court of Cassation 3rd Criminal Chamber, which did not comply with the rights violation ruling issued by the Constitutional Court. The appeal was reviewed by the 4th Criminal Chamber of the Court of Cassation.

The Chamber ruled that there was "no grounds for a decision" regarding the appeal.

"NO RIGHT TO APPEAL"

In its ruling, the Chamber stated that the decision rendered by the 3rd Criminal Chamber was "not a decision subject to appeal," and therefore, it was ruled that there was no grounds for a decision regarding the appeal.

The notification procedures for the decision will be carried out by the 3rd Criminal Chamber of the Court of Cassation.

WHAT HAPPENED?

The Constitutional Court (AYM) had issued a rights violation ruling regarding Can Atalay, who is imprisoned as part of the Gezi Park trial.

The Court of Cassation 3rd Criminal Chamber reviewed the file sent by the AYM and decided not to comply with the violation ruling, to send a copy of the decision to the Grand National Assembly of Turkey (TBMM) to initiate proceedings for the revocation of Atalay's parliamentary membership, and to file a criminal complaint with the Chief Public Prosecutor's Office of the Court of Cassation against the members of the Constitutional Court who issued the violation ruling.

The decision drew backlash, including from figures within the AKP.