Striking July 15 detail in Court of Cassation ruling: Cited prosecutor was dismissed!

The 3rd Criminal Chamber of the Court of Cassation refused to comply with the Constitutional Court's (AYM) ruling of rights violation regarding the application of Workers' Party of Turkey (TİP) Hatay MP Can Atalay, and also filed a criminal complaint against the AYM members who issued the decision. A detail regarding July 15 in the Court of Cassation's ruling drew attention.

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Striking July 15 detail in Court of Cassation ruling: Cited prosecutor was dismissed!

The 3rd Criminal Chamber of the Court of Cassation stated in its decision yesterday that it would file a criminal complaint against the AYM members who issued the rights violation ruling in response to the individual application of imprisoned TİP Hatay MP Can Atalay.

It was revealed that one of the books cited in the 'ruling', which was written in harsh language, belongs to prosecutor Özcan Özbey, who was dismissed by the Supreme Board of Judges and Prosecutors (HSYK), as it was formerly known, following the July 15 coup attempt.

CITATION OF DISMISSED PROSECUTOR IN RULING

According to the report by Can Bursalı from Gazete Duvar, the following statements from the book "Individual Application in Turkish Constitutional Law", written in 2013 by the dismissed prosecutor Özbey, who also holds a doctorate, were used as a basis in the Court of Cassation 3rd Criminal Chamber's ruling:

"In the individual application process, it is investigated whether a fundamental right and freedom has been violated, and it cannot be said that an individual application is a continuation of the previous trial. For this reason, it is not possible to characterize an individual application as an 'extraordinary legal remedy'. An individual application is a sui generis legal remedy. In this context, an individual application to the Constitutional Court can be defined as an exceptional, unique, secondary, and constitutional right-seeking path that individuals whose fundamental rights and freedoms have been violated due to the acts, actions, or negligence of public power resort to after exhausting other legal remedies."

HAD SERVED AS AN AYM RAPPORTEUR

Özbey, who was among the 2,847 judges and prosecutors dismissed by the Supreme Board of Judges and Prosecutors on August 24, 2016, following the July 15, 2016, coup attempt, has a total of 5 books on human rights law, in addition to applications made to the Constitutional Court and the European Court of Human Rights. Özbey had also served as a rapporteur at the Constitutional Court for a period.

News Source: 12punto