Parliament convenes for extraordinary session on Can Atalay: Fisticuffs break out during proceedings

The Turkish Grand National Assembly (TBMM) convened at 2:00 PM for Hatay MP Can Atalay of the Workers' Party of Turkey (TİP), for whom the Constitutional Court (AYM) had issued a ruling declaring the revocation of his parliamentary status as "null and void."

Parliament Speaker Numan Kurtulmuş called all political parties to the Assembly.

Leaders of opposition parties also attended the session. CHP Chairman Özgür Özel, who is currently recovering from a foot fracture, was also present to follow the General Assembly proceedings.

AKP MPs, who were waiting in the lobby for the electronic roll call to conclude, entered the General Assembly hall once the process was finished.

MHP MPs did not attend the session.

Prior to the meeting, a letter written by Can Atalay to all MPs attending the session, which was delivered to them by other TİP deputies, was shared with the public via TİP's social media account.

We respectfully share with the public the letter written by our Hatay MP Can Atalay to all MPs attending today's session, which was delivered to them by our other deputies. #CanAtalayToParliament pic.twitter.com/IhyAdLxwWh

— Workers' Party of Turkey (@tipgenelmerkez) August 16, 2024

MESSAGE FROM CAN ATALAY

Can Atalay quoted TİP's post and shared the following message:

Mr. Speaker, Honorable Members of Parliament,

Democracy and law are a whole; they cannot be divided.
The Constitution is a whole; it cannot be divided.

One cannot speak of the "national will" while ignoring the provisions of the Constitution and disregarding them with arbitrary interpretations.

Ending my words with thanks and a quote from a ruling... https://t.co/kx8oFgqpU7

— can atalay (@CanAtalay1) August 16, 2024

15-MINUTE RECESS CALLED

TİP MP Ahmet Şık took to the podium and stated, "You have no shame. The truth always hurts." This prompted a reaction from the AKP benches. Following the move of AKP MPs toward the podium, Bekir Bozdağ called a 15-minute recess.    

AKP MP Alpay Özalan attacked TİP MP Ahmet Şık, who was speaking at the podium.https://t.co/MUk674ZqWY pic.twitter.com/fgZvkY1ypj

— 12punto (@12puntohaber) August 16, 2024

After the recess, Ahmet Şık returned to the podium and said:

"There was a procedural debate, but there is no need to discuss procedure here. Because in this country, where lawlessness prevails and illegality has become the norm, I am not here to explain legislation to you. You, who view those who are deceived by your religious charlatanism and performative nationalism, and who ignore your theft and lawlessness, as the only acceptable citizens—the words we hear most from you are traitor, separatist, terrorist, FETÖ member. Since you call everyone who is not one of you a terrorist, it is not surprising that you call Can Atalay a terrorist. But let everyone know: the biggest terrorist organization in this country is the one sitting on these benches, which has seized the state through a dynasty."  

KICKING AND PUNCHING ATTACK ON AHMET ŞIK

Following these remarks, AKP MPs walked toward the podium and launched a physical attack on Ahmet Şık, involving kicks and punches. Şık fell to the ground during the assault.

TİP MP Ahmet Şık was subjected to a kicking and punching attack by AKP MPs.https://t.co/MUk674ZqWY pic.twitter.com/tnlx5DF9gI

— 12punto (@12puntohaber) August 16, 2024

During the brawl, DEM Party Group Deputy Chair Gülistan Kılıç Koçyiğit sustained a cut above her eye.

Blood shed at the Can Atalay session in Parliament.

During the brawl, DEM Party Group Deputy Chair Gülistan Kılıç Koçyiğit sustained a cut above her eye.https://t.co/MUk674ZqWY pic.twitter.com/c54srxY8wR

— 12punto (@12puntohaber) August 16, 2024

A scuffle broke out during the extraordinary session held for Can Atalay in the TBMM.

TİP MP Sera Kadıgil shared these moments live.https://t.co/MUk674ZqWY pic.twitter.com/zUKnZDWmrm

— 12punto (@12puntohaber) August 16, 2024

AKP MP Alpay Özalan attacked TİP MP Ahmet Şık with kicks and punches while he was speaking at the podium.

CHP Deputy Speaker of the Parliament Gülizar Biçer Karaca recorded the moment of the attack with her mobile phone.https://t.co/MUk674ZqWY pic.twitter.com/XJcSfbAO67

— 12punto (@12puntohaber) August 16, 2024

The moment the kicking and punching attack on TİP MP Ahmet Şık began... pic.twitter.com/kTgBM3Xc62

— 12punto (@12puntohaber) August 16, 2024

SEVERE ATTACK ON AHMET AND GÜLİSTAN

CHP MP Okan Konuralp, who was injured after being punched in the eyebrow during the brawl in Parliament, described the events to 12punto. Konuralp said, "It would not be appropriate for us to talk about ourselves when such a severe attack was carried out against Ahmet and Gülistan here. We were there to protect them in some way and to show the necessary reaction. I think I received a punch during that time. I have a small cut on my eyebrow, but as I said, it would not be pleasant to talk about the blow we received while our other colleagues are in such a state."

'IF YOU INSULT, YOU WILL GET AN ANSWER'

Chief Advisor to the President Ahmet Selim Köroğlu defended the attack in a post on his social media account, using language targeting Osman Kavala, Selahattin Demirtaş, and Can Atalay. Köroğlu stated, "This is the TBMM, not a stable; if you insult, you will get an answer. Osman Kavala, Selahattin Demirtaş, and Can Atalay are terrorists."

OPPOSITION HAD REQUESTED EXTRAORDINARY MEETING

The Republican People's Party (CHP), the Peoples' Equality and Democracy Party (DEM Party), the Future Party, the Democrat Party, the DEVA Party, the Felicity Party, the Workers' Party of Turkey (TİP), and the Labour Party (EMEP) had requested on August 9 that Parliament convene for an extraordinary session due to the Constitutional Court's (AYM) ruling regarding Can Atalay.

MHP DID NOT ATTEND

While it was unknown how many MPs the AKP would bring to the Can Atalay meeting, its alliance partner, the MHP, had announced that it would not attend a potential General Assembly meeting.

OPPOSITION WANTS RESTORATION OF PARLIAMENTARY STATUS

The opposition wants the process of restoring Atalay's parliamentary status to begin with the reading of the Constitutional Court's reasoned decision.

"THIS PROVISION CAN ONLY BE LIFTED THROUGH RETRIAL"

However, the ruling front interprets the Constitutional Court's Can Atalay ruling differently.

According to high-level AKP officials, parliamentary status can be revoked in cases of absenteeism, resignation, final conviction, and holding a position incompatible with parliamentary membership, and these actions are not subject to Constitutional Court oversight.

An AKP official stated, "There is no change in the final conviction issued by the Court of Cassation regarding Atalay. This conviction still stands on e-Government and UYAP. This provision can only be lifted through retrial. The paths for this are clear. The Court of Cassation's decision will not change unless there is new evidence presented by his lawyers or a request for reversal in the interest of law by the Ministry of Justice. There is nothing for Parliament to do here. How can the legislature overturn a finalized judicial decision with an administrative act?" the official assessed.

MESSAGE FROM CAN ATALAY BEFORE THE CRITICAL MEETING

Can Atalay sent a message to the Parliament Speaker's Office before the extraordinary meeting.

Atalay said, "The AYM ruling will be read in Parliament and my personal rights will be established. When the matter is this clear and simple, any justification put forward to the contrary will be an excuse for not complying with the Constitution."he said.

Stating that with its latest ruling, the AYM determined that the "revocation of parliamentary status" action was null and void, Atalay continued as follows:

"The Constitutional Court determined that the actions toward 'revoking my parliamentary status' consisted of 'merely creating a de facto situation' and ruled that it had no legal basis. In summary, the Constitutional Court said, 'Can Atalay is still an MP; his parliamentary status has never legally ended.'"

"In this case, as a result of the unlawful de facto situation created, the inclusion of my name in the list of 'those whose parliamentary status has ended,' the suspension of my personal rights, and the termination of my membership in the 'Human Rights Inquiry Commission' are merely the de facto disregard of the public will, as phrased in the Constitutional Court's decision. Essentially, our Parliament Speaker is responsible for ensuring that the requirements of this decision are fulfilled and that actions are taken within constitutional boundaries."

"THERE IS NO ACTION PARLIAMENT CAN TAKE"

Minister of Justice Yılmaz Tunç made a statement before the extraordinary meeting Parliament was to hold for Can Atalay, saying, "There is no action that Parliament can take."

RULING NOT READ

The Constitutional Court (AYM) had stated in its reasoned decision that the revocation of Can Atalay's parliamentary status was "null and void." This decision was not read in the General Assembly that convened extraordinarily today. Parliament Speaker Numan Kurtulmuş closed the session to reconvene on Tuesday, October 1, at 3:00 PM.

WHAT HAD HAPPENED?

Can Atalay was sentenced to 18 years in prison on April 25, 2022, in the Gezi Park trial.

Atalay was elected as a Hatay MP from TİP in the general elections held on May 14, 2023.

The prison sentence given to Atalay was upheld by the 3rd Criminal Chamber of the Court of Cassation on September 28, 2023.

The AYM, however, issued a ruling of rights violation regarding Atalay on October 25, 2023, due to his election as an MP. The High Court ruled for the suspension of the trial, the recognition of his parliamentary status, and the release of Atalay.

The Istanbul 13th High Criminal Court did not implement this decision and sent it to the 3rd Criminal Chamber of the Court of Cassation.

On November 8, 2023, the Chamber announced that it would not comply with the decision on the grounds that the AYM could not issue such a ruling by acting like a super-appellate court, and it filed a criminal complaint against the AYM members.

Upon this, the AYM reminded of constitutional obligations and issued a second rights violation ruling on December 21, 2023.

The 3rd Criminal Chamber of the Court of Cassation then issued a ruling on January 3 that this decision was null and void.

Atalay's parliamentary status was revoked with the reading of the Court of Cassation's decision in the TBMM General Assembly on January 30.

In addition to Atalay's lawyers, TİP, CHP, and DEM Party applied to the AYM for the cancellation of this decision.

In its reasoned decision announced on February 22 and published in the Official Gazette on August 1, the AYM noted that the revocation of Can Atalay's parliamentary status was "null and void."

After the decision, all eyes turned to the TBMM.

'ALPAY ÖZALAN'S PARLIAMENTARY STATUS SHOULD BE REVOKED'

Following the injury of Şık and Koçyiğit in the General Assembly, CHP Kahramanmaraş MP Ali Öztunç spoke to 12punto.

Öztunç said the following:

"It did not befit the Parliament. How can such a thing happen? First of all, a female MP, the DEM Party Group Deputy Chair, had her eyebrow split open. Male MPs beat a female MP. They attacked our colleagues who tried to intervene and separate them. We had tried to intervene and separate them. We look at the TBMM during the Mahmoud Abbas session yesterday, and then we look at the TBMM today.

The AKP members' tolerance has run out. This is an indicator of this end. When a party is finished, it starts to resort to force, it starts to resort to brute force. What is interesting is that the person who threw the first punch and started the fight is the Administrative Officer of the Parliament, Alpay Özalan. What does it mean for the Administrative Officer of the Parliament to start a fight when he is supposed to separate them! This is not the first or second time; Alpay Özalan's parliamentary status should be revoked.

Just like butter melting in a pan, the AK Party is melting away, it is being depleted. What we saw today is the registration of this. Because they are aware of this, they are becoming aggressive, they are falling into helplessness."

News Source: 12punto