Attorney Cenk Özdağ writes: "The Court of Cassation has challenged the State of the Republic of Turkey"

The second violation ruling issued by the Constitutional Court (AYM) regarding TİP Hatay MP Can Atalay had been sent to the Court of Cassation. In its decision, the 3rd Criminal Chamber of the Court of Cassation stated, "The AYM's ruling of rights violation has no legal value." 

12punto columnist Attorney Cenk Özdağ evaluated the Court of Cassation's decision:

"Let us recall.

Can Atalay was being tried while in detention at the 13th High Criminal Court. He had applied to the Supreme Election Council (YSK) and participated in the parliamentary elections. In the May 14, 2023 General Elections, Can Atalay was elected as a Hatay MP. Therefore, he attained parliamentary immunity.

Because, according to Article 83 of the Constitution, 'An MP who is alleged to have committed an offense before or after the election cannot be detained, interrogated, arrested, or tried without the decision of the Parliament.'

Therefore, both legally and by convention, he should have been released and enabled to join the Grand National Assembly of Turkey (TBMM) to take his oath. However, this did not happen.

Both the 13th High Criminal Court, the TBMM Presidency, and the 3rd Criminal Chamber of the Court of Cassation failed to comply with the law and prevented Can Atalay's release.

Following these events, the AYM ruled on October 25, 2023, that there had been a violation of rights regarding Can Atalay.

On November 8, 2023, the 3rd Criminal Chamber of the Court of Cassation not only refused to comply with the AYM's ruling but also filed a criminal complaint against the members of the AYM. Thus, both law and statute were violated; and the 3rd Criminal Chamber of the Court of Cassation rebelled against the Constitution and the public order established by the Constitution.

On December 21, 2023, the General Assembly of the AYM examined the second application made as a result of the non-compliance with the previously issued rights violation ruling and again issued a ruling of rights violation.

In a state of law, or at least in a state governed by law, the meaning of this ruling is clear. Due to the public order based on the Constitution, all institutions in Turkey are obliged to comply with AYM rulings immediately.

However, today (January 3, 2024), the 3rd Criminal Chamber of the Court of Cassation ruled that there is "no decision to be implemented" by the AYM... and that "there is no room for compliance with the aforementioned decision" of the AYM. Thus, it has not only failed to comply with the AYM's rulings but has declared the AYM to be without authority or jurisdiction.

Facts, legal institutions, and laws cannot be changed by a court ruling. With this decision, the 3rd Criminal Chamber of the Court of Cassation has not only rebelled against the AYM, which renders judgments on behalf of the Turkish Nation, but has also rebelled against the Constitution of the Republic of Turkey, the TBMM that determined this Constitution, and the Turkish Nation that voted for this Constitution in a referendum.

This decision has taken effect as of this moment. The 3rd Criminal Chamber of the Court of Cassation has exceeded its authority and duty, and has violated legal security, individual rights and freedoms, and the public order of the Republic of Turkey.

With this act and decision, the 3rd Criminal Chamber of the Court of Cassation has deprived Hatay MP Can Atalay of his freedom, committed misconduct in public office, and challenged the State of the Republic of Turkey.

In the face of this act and decision by the 3rd Criminal Chamber of the Court of Cassation, the path has been opened for actions and rhetoric based on the fact that the Constitution and the public order of the Republic of Turkey have been effectively abolished."

News Source: 12punto