Istanbul Bar Association President Atty. Filiz Saraç: “The Constitutional Court ruling must be implemented immediately, Can Atalay must be released”

Şenol ÇARIK - 12punto.com.tr

The reasoning behind the second rights violation ruling issued by the Constitutional Court (AYM) regarding TİP Hatay MP Atty. Can Atalay, who is currently imprisoned in Silivri (Marmara) Prison, has been published in the Official Gazette.

Evaluating the developments for 12punto, Istanbul Bar Association President Atty. Filiz Saraç stated, “The Constitutional Court ruling must be implemented immediately, and our colleague Atty. Can Atalay must be released.”

Reminding that the Constitutional Court, following the non-implementation of its previous violation ruling regarding TİP MP Atty. Can Atalay, who is a member of the Istanbul Bar Association, has ruled for a second time that “his right to be elected and engage in political activity, his right to personal liberty and security, and his right to individual application have been violated,” Saraç said, “Furthermore, the Constitutional Court has unanimously decided to ‘...send the file to the Istanbul 13th High Criminal Court for the fulfillment of procedures such as initiating a retrial of the applicant, suspending the execution of the conviction, ensuring his release from the penal institution, and issuing a stay of proceedings in the retrial to be conducted in order to eliminate the rights violations...’”

“As the Istanbul Bar Association, as we have stated in our previous declarations, the competent court that will eliminate the consequences of the violation is the Istanbul 13th High Criminal Court,” said Atty. Filiz Saraç, adding, “The court must decide without delay on the release of Atty. Can Atalay, his retrial, and the stay of proceedings. The process of lawlessness, which continues with the Istanbul 13th High Criminal Court’s null and void referral decision and the criminal actions of the members of the 3rd Criminal Chamber of the Court of Cassation, must be brought to an end.”