They sent the file to the Court of Cassation: Istanbul Bar Association files criminal complaint against court panel

Making a press statement at the bar room in the Istanbul Courthouse in Çağlayan, Istanbul Bar Association President Filiz Saraç said, "The Constitutional Court's decision must be implemented. Our colleague Can Atalay must be released."

"WE HAVE FILED A COMPLAINT"

Saraç recalled that the Constitutional Court had previously issued a ruling for Can Atalay's release, but after this decision was not implemented by the Istanbul 13th High Criminal Court, the Istanbul Bar Association had filed an application with the Council of Judges and Prosecutors (HSK) against the presiding judge of the 13th High Criminal Court.

Stating that the Istanbul 13th High Criminal Court did not implement the Constitutional Court's decision and instead sent it to the Court of Cassation, and that the Court of Cassation, rather than returning the file, filed a complaint against the Constitutional Court members, Saraç said, "That day was the day the foundations of the rule of law were shaken. Such a practice has never been seen in the history of this country. We have also filed a complaint against the members of the 3rd Criminal Chamber of the Court of Cassation."

Filiz Saraç stated that the Constitutional Court has issued a second violation of rights ruling for Can Atalay, and although the ruling clearly states that the Istanbul 13th High Criminal Court must perform the necessary procedures and issue a release and stay of proceedings order, the court did not comply with this decision and sent the file to the Court of Cassation again.

"THE ISSUE IS A PROBLEM OF THE RULE OF LAW"

Istanbul Bar Association President Filiz Saraç also said the following:

"As the Bar Association, as one of the institutions tasked with protecting and ensuring the functionality of human rights and ensuring the rule of law, and as a defender of the rule of law, you cannot leave these behaviors that further destroy the rule of law, nor can you expose the judiciary to such chaos. According to Article 153 of the Constitution, the decisions of the Constitutional Court are binding on everyone. In particular, it is the court itself that must do this work. A decision to comply is primarily the duty of the judiciary. You are not fulfilling this duty. And you continue to act in a way that shakes the foundations of legal security, legal certainty, and the rule of law. The crime of depriving an individual of their liberty is being committed. The result is a violation of the right to vote and be elected, and we say again; the issue has ceased to be just about Can Atalay. The issue is a problem of the rule of law. Fulfill the requirements of the rule of law. Implement the decisions of the Constitutional Court. Because today, we have once again filed a criminal complaint with the Council of Judges and Prosecutors against the members of the Istanbul 13th High Criminal Court who did not implement the second violation of rights ruling."