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Home > Current Affairs News > Constitutional Court decision on Can Atalay!

Constitutional Court decision on Can Atalay!

The Constitutional Court has decided to refer the 'violation of rights' application filed by imprisoned TİP MP and lawyer Can Atalay to the General Assembly. Atalay's lawyer, Deniz Özen, stated that the referral to the General Assembly should not be interpreted as a negative development.

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Published: 05.10.2023 14:33 Updated: 05.10.2023 14:33
Constitutional Court decision on Can Atalay!

The Constitutional Court (AYM) has referred the 'violation of rights' application filed by Workers' Party of Turkey (TİP) Hatay MP and lawyer Can Atalay, whose prison sentence in the Gezi Park trial was upheld by the Court of Cassation, to the General Assembly.

"SHOULD NOT BE INTERPRETED NEGATIVELY"

Can Atalay's lawyer, Deniz Özen, made assessments regarding the referral of the file to the General Assembly.

Speaking to Halk TV, Özen stated that the referral to the General Assembly should not be viewed as a negative development.

Özen's statements are as follows:

"The Constitutional Court has established case law regarding the imprisonment of an MP. There are previous examples. When the applications of these individuals reached the Constitutional Court, the Court ruled, in accordance with Article 83 of the Constitution, that an elected MP cannot be kept in prison. Because this case law has become established, it was possible for the 2nd Section of the Constitutional Court to issue a violation ruling today without sending it to the General Assembly.

The Constitutional Court will announce a new calendar, set a date, and discuss the file again with the members of the Court in the General Assembly. The fact that the file has been referred to the General Assembly should not lead us to make a positive or negative assessment. The Ömer Faruk Gergerlioğlu decision was also referred to the General Assembly, and a violation ruling was issued there as well. This should not be evaluated as a negative development."

WHAT HAPPENED?

Gezi Park trial prisoner and lawyer Can Atalay, who was elected as a Workers' Party of Turkey (TİP) Hatay MP in the general elections held on May 14, had filed a 'violation of rights' application with the Constitutional Court (AYM).

The Constitutional Court had announced that it would address Atalay's application at its meeting today.

Meanwhile, TİP had initiated a march for justice for Can Atalay.


News Source: 12punto

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Can Atalay Constitutional Court