Can Atalay's lawyer speaks to 12punto: The Court of Cassation has declared it does not recognize the constitution

Kübra KARASU - 12punto.com.tr

The 3rd Criminal Chamber of the Court of Cassation has once again rejected the request to stay the proceedings against Can Atalay, who was elected as a deputy from the Workers' Party of Turkey (TİP). Atalay's lawyer, Deniz Özen, spoke to 12punto.com.tr regarding the decision.

The 3rd Criminal Chamber of the Court of Cassation stated that the second violation ruling issued by the Constitutional Court regarding Şerafettin Can Atalay has no legal value, and in this context, there is no decision that can be implemented under Article 153/6 of the Constitution, thereby deciding not to comply with the Constitutional Court's ruling. The Chamber stated that the decision in question was an act of juristocracy (Juristocracy, rule by judges. Contrary to democracy, it defines the formation of an oligarchic administration by judges and carries a critical meaning).

DECLARATION THAT THE CONSTITUTIONAL COURT HAS BEEN DE FACTO CLOSED

Can Atalay's lawyer, Deniz Özen, evaluated the decision for 12punto.com.tr. Stating that there is not much left to say, Özen emphasized that with this decision, the Court of Cassation has declared that it does not recognize the constitution. Özen said the following:

"The decision taken shows that no citizen in Turkey has any constitutional protection left. With this decision, the Court of Cassation has declared that it does not recognize the constitution. It has declared that the constitution is not in effect. It has declared that Article 153 of the constitution does not exist. It has declared that the Constitutional Court has been de facto closed. There is not much more that can be said beyond this."

'THIS IS NOW A MATTER FOR ALL 599 DEPUTIES'

Özen stated that the process has ceased to be just a Can Atalay issue and said the following:

"This had long ceased to be just a Can Atalay issue. It had turned into a crisis of the rule of law. As of the stage reached today, I can say this very clearly. This is a matter that concerns the remaining 599 deputies, beyond just Can Atalay. Because all 599 deputies face the same threat. At the slightest thing, in any criminal investigation, the same thing could happen to them. This actually means the de facto termination of legislative activity.

The only conclusion that can be drawn is this: From now on, only the executive branch makes decisions for both the legislature and the judiciary."