Ankara Bar Association No. 2 reacts to Constitutional Court's Can Atalay ruling

The Ankara Bar Association No. 2 has issued a press release regarding the Constitutional Court (AYM) following the court's second ruling on Can Atalay, which was not implemented on the grounds that it had "no legal value." Targeting the AYM's violation ruling, the Bar Association stated, "The law cannot protect a terrorist, nor can it support terrorism."

Don't leave your news choices to an algorithm - decide for yourself what you read. Add 12punto to your preferred sources!

Ankara Bar Association No. 2 reacts to Constitutional Court's Can Atalay ruling

The second violation ruling issued by the AYM regarding Workers' Party of Turkey (TİP) Hatay MP Atalay was not implemented by the panel of the Istanbul 13th High Criminal Court, and the file was sent to the Court of Cassation once again.

The 3rd Criminal Chamber of the Court of Cassation did not comply with the ruling, stating that "the AYM's violation ruling has no legal value." While reactions from many bar associations to the Court of Cassation's non-compliance decision continue, the Ankara Bar Association No. 2 announced that they "oppose judicial activism."

"IT CANNOT ANNUL A PROVISION OF LAW"

In the statement, it was claimed that the rulings issued by the Constitutional Court regarding Can Atalay created a perception in society that it is a kind of "super appeals court," and it was stated, "It should be known that; the AYM cannot perform norm review through individual applications, cannot annul a provision of law, cannot determine a violation stemming from such a provision, and certainly cannot exclude an article of the Constitution from evaluation. According to Article 83/2 of the Constitution, the exception to legislative immunity is again Article 14 of the Constitution."

"WE WILL OPPOSE THE ABUSE OF LAW"

The statement, which asserted that "protecting those who plot against the indivisible integrity of the state is supporting terrorism," continued: "The ruling given by accepting Article 14 of the Constitution as inapplicable is legally null and void, and politically, it is supporting terrorism to protect those who plot against the indivisible integrity of the state with its country and nation. The decision of the 3rd Criminal Chamber of the Court of Cassation that a legally null ruling cannot be complied with is in accordance with the Constitution and is complete and flawless within the framework of the law.

As the Ankara Bar Association No. 2, we continue our stance against judicial activism and reiterate our commitment that we will always oppose the abuse of law," the statement read.