Court of Cassation 3rd Criminal Chamber issues ruling on Can Atalay

The 3rd Criminal Chamber of the Court of Cassation ruled that the Constitutional Court's second violation ruling has no legal value and decided not to comply with the decision.

The 3rd Criminal Chamber of the Court of Cassation stated that the second violation ruling issued by the Constitutional Court regarding Şerafettin Can Atalay has no legal value, and in this context, there is no decision that can be implemented under Article 153/6 of the Constitution, thereby deciding not to comply with the Constitutional Court's ruling.

The Chamber expressed that the decision in question was an act of juristocracy (Juristocracy, rule by judges.

Contrary to democracy, it defines the formation of an oligarchic administration by judges and carries a critical meaning).

BACKGROUND OF THE CAN ATALAY CASE

Lawyers for Can Atalay, who was elected as a TİP Hatay deputy in the 28th Term Parliamentary General Elections, applied to the Court of Cassation with the request that "the proceedings against their client be stayed and he be released due to his election as a deputy."

Upon the Court of Cassation's rejection of the request, Atalay filed an individual application to the Constitutional Court, which ruled that his rights to "be elected and engage in political activity" and "personal liberty and security" had been violated, and ordered Atalay's retrial and release.

The file, which was sent to the local court by the Constitutional Court for Atalay's retrial and release, was forwarded to the 3rd Criminal Chamber of the Court of Cassation by the local court before a decision could be made, and the criminal chamber in question did not comply with the violation ruling.

SECOND VIOLATION OF RIGHTS RULING HAD BEEN ISSUED

Atalay's lawyers had applied for a second time due to the non-compliance with the violation ruling issued by the Constitutional Court regarding Atalay, who was sentenced to 18 years in prison within the scope of the Gezi Park case.

In the application, it was stated that "the right to be elected and engage in political activity was violated due to the failure to fulfill the requirements of the Constitutional Court's violation ruling, and the right to personal liberty and security was violated due to the continued execution of the conviction sentence."

The Constitutional Court had issued a second ruling of rights violation regarding Atalay.

FILE SENT TO THE COURT OF CASSATION FOR THE SECOND TIME

The file of Can Atalay, who was not released despite the Constitutional Court's 'rights violation' ruling, had been sent to the Court of Cassation by the Istanbul 13th High Criminal Court.

The Court of Cassation ruled that "the Constitutional Court's second violation ruling has no legal value and decided not to comply with the decision."

News Source: 12punto

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