Change at the Court of Cassation: The presiding judge who ruled on the Can Atalay case has been replaced

The presidential election at the 3rd Criminal Chamber of the Court of Cassation, which has been criticized for its practices regarding the Constitutional Court's (AYM) Can Atalay ruling, has finally concluded. 

Deputy Chamber President Hakan Yüksel and member Mustafa Kurtaran were candidates in the election. The weeks-long election process ended in the 47th round with Mustafa Kurtaran being elected president with 177 votes. His rival, Hakan Yüksel, remained at 112 votes, while 20 votes were counted as blank or invalid.

The seat had been vacant since June 5, 2024, as the chamber's previous president, Muhsin Şentürk, was elected as the Chief Public Prosecutor of the Court of Cassation.

HIS FINAL MESSAGE WAS INFLUENTIAL 

According to information obtained by Alican Uludağ from DW Turkish, the messages that the conservative-leaning Mustafa Kurtaran gave to the members of the Court of Cassation were influential in his election victory. 

It is stated in judicial circles that Kurtaran said, "There will be no more operational decisions coming out of this chamber. We will decide on important files together with all members of the chamber; we will not establish special panels."

These words are interpreted as a reference to the decisions made regarding the rights violation rulings of the AYM concerning Workers' Party of Turkey (TİP) Hatay MP Can Atalay. 

The two rights violation rulings issued by the AYM were not implemented by the then-3rd Criminal Chamber of the Court of Cassation, and the chamber had also decided to file a criminal complaint against nine AYM members. The Can Atalay ruling was recorded as a decision that also bore the signature of Hakan Yüksel.

Kurtaran had not been included in the panel by the chamber's president, Muhsin Şentürk, when the Can Atalay decision was made. It is known in judicial circles that Kurtaran had expressed harsh criticism of this decision.

CRITICAL DISMISSAL AT THE ANKARA COURTHOUSE 

On the other hand, the Council of Judges and Prosecutors (HSK) has carried out a critical dismissal at the Ankara Courthouse.

Hasan Şatır, President of the Ankara 33rd High Criminal Court, who oversaw release requests in the Ayhan Bora Kaplan case, has been temporarily assigned to the Office of the Prosecutor at the Court of Cassation.

Şatır had previously ruled for the release of four detained defendants whose release requests had been denied in the Kaplan case. Furthermore, he had displayed a similar stance regarding release requests in the Sinan Ateş case. This situation caused discomfort within the Ankara Chief Public Prosecutor's Office and was reported to the HSK. Following these developments, it was learned that Şatır was dismissed from his post and will retire.

News Source: 12punto