Local court ruling on Can Atalay: 'The Constitutional Court's decision binds the TBMM, not us'

The Istanbul 13th High Criminal Court has issued its decision regarding the release application of Can Atalay, who was elected as a Hatay deputy from the Workers' Party of Turkey (TİP) but has not been released from prison. The court stated that the responsibility lies with the Grand National Assembly of Turkey (TBMM) and ruled that 'there is no ground for a decision.'

According to the report by Can Bursalı from Duvar, Atalay's lawyers applied to the Istanbul 13th High Criminal Court following the publication of the Constitutional Court's (AYM) reasoned decision. In the application, which cited the AYM's ruling, they demanded Atalay's immediate release. The decision regarding the application made on August 2 was issued on August 5. The Istanbul 13th High Criminal Court indicated that the AYM's decision had no connection to the court. In its ruling, the court noted that the AYM decision concerned the stripping of Can Atalay's parliamentary status in the TBMM General Assembly, and ruled that 'there is no ground for a decision.'

'AS IT IS UNDERSTOOD THAT THE AYM DECISION IS DIRECTED AT THE TBMM'S ACTION...'

The Istanbul 13th High Criminal Court's decision included the following statements:

"The subject of the Constitutional Court's decision dated 22/2/2024 concerns the process of notifying the General Assembly by reading the letter of the Court of Cassation 3rd Criminal Chamber dated 3/1/2024 and numbered E.2023/12611 by the Presidency during the 54th Session of the TBMM General Assembly dated 30/1/2024; when all these matters are evaluated together, as it is understood that similar requests by the convict's defense attorneys have been previously evaluated and decided upon, and that the Constitutional Court decision subject to the request petition is directed at the action of the TBMM General Assembly..."

WHAT HAPPENED?

After being elected as a deputy from TİP, Atalay, who was not released from prison due to the Gezi Park trial in which he was a defendant, applied to the Constitutional Court (AYM). Following the AYM's ruling of a rights violation, the release application was sent by the Istanbul 13th High Criminal Court to the Court of Cassation 3rd Criminal Chamber. The Court of Cassation stated that the verdicts in the Gezi trial had been upheld, did not recognize the AYM's decision, and rejected the release request.

The decision of the Court of Cassation 3rd Criminal Chamber was taken to the AYM once again. The second rights violation ruling issued by the AYM was sent first to the Istanbul 13th High Criminal Court and then to the Court of Cassation 3rd Criminal Chamber. The Court of Cassation did not recognize the second rights violation ruling either. Following this crisis in the high judiciary, the Court of Cassation 3rd Criminal Chamber sent a letter to the TBMM for the stripping of Atalay's parliamentary status.

On January 30, Atalay's parliamentary status was stripped with the decision read by TBMM Deputy Speaker Bekir Bozdağ. Following this, TİP Chairman Erkan Baş and DEM Party deputies Gülüstan Kılıç Koçyiğit, Sezai Temelli, and Mehmet Rüştü Tiryaki applied to the AYM regarding the stripping of Atalay's parliamentary status. The AYM, which announced in February that there was 'no ground for a decision,' did not explain the reasoning for the decision until August 1.

After 160 days, the high court explained its reasoning, emphasizing that the rights violation rulings it had issued regarding Atalay were valid and that there was no need to establish a new verdict. The AYM also stated that the process of stripping Atalay's parliamentary status was 'null and void.'