Constitutional Court ruling on Can Atalay: Case referred

Following the judicial crisis that began after the Constitutional Court (AYM) issued a rights violation ruling regarding imprisoned TİP Hatay MP Can Atalay and the Court of Cassation subsequently filed a complaint against the AYM members, a second application was submitted.

Reviewing the application, the AYM has referred the violation application to the General Assembly.

In a statement regarding the matter, it was said, "The Can Atalay application, which was reviewed by the First Section, has been referred to the General Assembly by unanimous vote."

WHAT HAD HAPPENED?

The AYM evaluated the individual application of imprisoned Hatay MP Can Atalay, who was sentenced to 18 years in prison in the Gezi Park trial, on October 25, 2023, and ruled that Atalay's rights to "be elected and engage in political activity" and "personal liberty and security" had been violated.

The AYM sent the violation ruling to the Istanbul 13th High Criminal Court on October 25. The Istanbul 13th High Criminal Court, which did not issue a release order, sent the file to the Court of Cassation 3rd Criminal Chamber on October 27. 

The Court of Cassation 3rd Criminal Chamber sent a letter to the court on November 1, stating that the document sent to them was a "memorandum" and requested a decision be made regarding the referral of the file.

Upon this, the Istanbul 13th High Criminal Court decided to send the file to the Court of Cassation, and on November 2, it sent 28 handcuffed sacks related to the court file to the Court of Cassation.

On November 8, the Court of Cassation 3rd Criminal Chamber decided not to "comply" with the AYM's ruling and to file a criminal complaint against the AYM members who voted in favor of Can Atalay's release.

The decision was met with backlash by legal experts, the Union of Turkish Bar Associations, and political parties, who characterized it as an "attempt to change the constitutional order" and a "coup against the rule of law."

News Source: 12punto