Can Atalay's family speaks out: 'The only file prepared by Fethullahists that is still being pursued'

Following the Turkish Grand National Assembly's (TBMM) decision to hold an extraordinary session for Can Atalay, his family has issued a statement.

His father, Mustafa Atalay, said, "If they try to pull some tricks again, the consequences will be very dire. We are expecting positive news on Friday, but I hope they do not try to circumvent the law."

Mother Şükran Atalay and father Mustafa Atalay spoke ahead of the extraordinary session to be held in the TBMM on Friday for Can Atalay, whose parliamentary membership was revoked. Şükran Atalay stated, "We still want to believe that the law exists and that the judiciary makes decisions independently. It is not easy to endure; for nearly 6 years, they have been interfering with our lives from the outside."

'CAN HAS SUCCEEDED IN BEING A NEPHEW WORTHY OF HIS UNCLE'

Describing his son, father Mustafa Atalay stated that his full name is Şerafettin Can Atalay and said the following:

"Can is a child born to a banker mother and an accountant father. Şerafettin Atalay is Can's uncle. Şerafettin Atalay was the person who organized the Workers' Party of Turkey (TİP) in Amasya in 1965, one of the parties established in Turkey after the 1961 Constitution. They murdered him in front of our house on the evening of January 27, 1971. We gave Can his first name and his uncle's name. Can has succeeded in being a nephew worthy of his uncle in the social struggle, independence, democracy, and social struggle he has waged. Even before he learned to read and write, he would not leave me, his mother, or his grandmother alone, sitting in our laps to enjoy listening first. He made us read stories. He made us read the same story two or three times each. After the joy of reading, he became someone who conducted very extensive research himself. He became someone who surrounded and embraced all his friends at school first. He was also involved in political struggle."

'WE RAISED A PATRIOTIC CHILD'

Mother Şükran Atalay spoke about Can Atalay as follows:

"Can was always a humanist, a child who wouldn't hurt a fly, who was never involved in any violent incident; he was a child full of love for children and the elderly. That has continued to this day. They called Can a 'terrorist, a traitor.' I return all of these to them. We raised a patriotic child. Let them ask the families in Soma, the families of the girls who burned in the fire in Aladağ, the families of our worker brothers in Hendek, the families in the train accident in Çorlu; is Can a traitor or a patriot... I return these to them. They say things from where they sit without having any information about Can. I return these to them. They cannot smear Can in this way. Everything is clear as day. They should not distort things."

'THIS IS A DECISION OF SHAKING A FINGER'

Mustafa Atalay thanked the people of Hatay for their support in the election and continued his words:

"There is nothing like this in Turkish history. They gave 76 thousand votes to a person whose face they had not seen and whose speeches they had only seen on television. This is a report card for the struggle for rights and law that Can has waged. Let me tell you about the sentencing process. The Gezi protests were the Turkish people expressing their own reactions. Everyone came with their own reaction and problem. They interfered with someone's hair, and he said you cannot interfere with my hair. They interfered with someone's pants, you cannot interfere. They interfered with the music someone listened to, you cannot interfere. They interfered with the language someone spoke, you cannot interfere. They interfered with someone's skirt, you cannot interfere. They interfered with someone's education, and they expressed their reactions in Istanbul, in Taksim, and in all of Turkey except for one province, in the squares. This shook the government a lot. It was a peaceful protest. The Gezi protests were tried three times. Those tried in the first one were acquitted. Can was also among those in the second trial. They were acquitted unanimously there too. It was not liked by the government. In the third, the sentences we know were given. There is no concrete action in the reasoned decision. You know, they call Osman Kavala an 'agent' and accuse him of attempting a coup; they accuse ours of aiding and abetting, right? There is nothing concrete. They call Kavala an 'agent.' Then when they are asked to explain, they say, 'You wouldn't know, this is a state secret.' Well, if it's a state secret, let us know too. Can and the others are being sentenced for aiding and abetting. This decision is a decision of shaking a finger. One of the judges of the third court was a legal advisor at the municipality in the Bafra district of Samsun. He is one of the people who were dumped into the judiciary after this Fethullah period. He has praises for the president on his social media. It is said that his wife was also associated with the Fethullah community and that she confessed and gave the names of her relatives immediately after July 15. This decision is such a decision."

'THE ONLY FILE PREPARED BY FETHULLAHISTS THAT IS STILL BEING PURSUED'

"This file is a file prepared by Fethullahists," said Şükran Atalay, adding, "The court also validated it. I know that it is the only file in Turkish history that was prepared by Fethullahists and is still being pursued. Where are those Fethullahists? How were their things validated? This is a question mark in society. This needs to be reminded. As for his parliamentary membership, Can was not a convict when he was elected as a deputy; he was a detainee. They also know this wrong or specifically write it wrong. I would like to underline this as well," she said, explaining the judicial process.

'HE WAS ELECTED, DEVLET BAHÇELİ HAD HIS NAME READ'

Father Mustafa Atalay said:

"Now we know where those judges and prosecutors are. Some are inside, some are fugitives abroad. I want to say this during this court phase. We must respect our own laws and international law. Why is the decision made by the ECHR considered outside the law? It is both international law and law that is an article of our constitution. You cannot win anything by choosing. We have to comply with whatever our laws say, whatever our agreements say. Now I will come to the Parliament. He was elected. His lawyers received the certificate of election and had him registered in the Parliament. This is very important. The oldest person at the opening of the Parliament was Devlet Bahçeli. Devlet Bahçeli had his name read. He could not have had it read. That is, he could not have had it read unlawfully. Because they are 'I did it, it's done' types. He had it read. Then he was elected to the Human Rights Commission by unanimous vote in the Parliament. That is, he was elected to a commission chosen by all parties. His personal rights were granted. Now, when someone wants to be a candidate, they go and get a criminal record, saying there is nothing against being elected. Then they give it to the Election Board. Then it is examined by the Supreme Election Council. There were no objections here at all. That is, the Supreme Election Council approved the list. He was elected, he received immunity. This decision of the 3rd Criminal Chamber that I mentioned is an approval after Can was elected as a deputy. There is no sentence approved before he was elected as a deputy. In our laws, the highest judiciary, the Court of Cassation, does not call that person a convict or a sentenced person until it approves the sentence. It is said, 'His case is ongoing.' Again, unlawfully, the 3rd Criminal Chamber took a counter-decision to the decisions taken by the Constitutional Court, which is the highest judiciary, which we all have to comply with, and which is mandatory to comply with even when making laws. The Parliament did not read the decision of the Constitutional Court, it read the decision of the 3rd Criminal Chamber. This is outside the law. Now, this third decision of the Constitutional Court says to the Parliament, 'I don't even consider what you did. What you did is irregular. I am continuing the two decisions I made before. This decision of yours is void, the Court of Cassation does not have such authority. Restore Can's rights.'"

'THE LOCAL COURT NEEDS TO CORRECT THE DECISION'

Now that the Parliament has convened, there is a certain number requirement in the imperative article and provision of the Constitution. Opposition parties exceed this number. No matter who the Speaker of the Parliament is, there will be no voting in the Parliament. The Constitutional Court's decision will be read. Can Atalay's parliamentary membership will be restored. Personal rights will begin. That is, if they try to pull some tricks here again, the consequences will be very bad both in their own affairs, in the eyes of their children, and in the public opinion. I repeat, the Parliament will open, a quorum will be found. Whoever is the deputy speaker on duty that day who manages the Parliament, or the Speaker of the Parliament uses his own initiative, opens the Parliament himself; it will be read and Can's parliamentary membership will be recorded again. Personal rights will be recorded again. As for the next stage, the local court needs to correct this decision again. In the two decisions previously taken by the Constitutional Court, it says to the local court, 'Stop this, postpone it to the end of the term, and give the release decision.' This is our expectation. We are expecting positive news on Friday, but I hope they do not try to circumvent the law."

'HIS MORALE IS VERY GOOD'

Emphasizing that Can Atalay's morale is high, Mustafa Atalay said, "We have a 10-minute phone call every week. We spoke to him today (yesterday). His morale is very good. He is also taking care of his health. He reads a lot, he has many visitors. Can said what he would do when he got out months ago. 'When I get out of prison, I will go to Hatay without even opening my suitcase,' he said. He wants to go to the people of Hatay and start his duty there," he said.

'HE IS NEITHER A DETAINEE NOR A CONVICT'

Mustafa Atalay concluded his words by explaining his son's work on urban law:

"A citizen says 'traitor' for Can Atalay. Is there anything in these that shows treason? Nâzım Hikmet was also accused of being a traitor. Nâzım Hikmet used to say; 'If you are struggling so that your banknotes and dollars do not decrease, and if I am against this, yes, I am a traitor. I continue to be a traitor.' If Can Atalay is working as a lawyer for cases like urban law, Soma, Aladağ, Çorlu, Hendek, then as Nâzım Hikmet said, yes, Can Atalay is also a traitor, but I say to that person, protect the lands of the homeland. It is easy to say in songs, 'I would die for your flowing water.' The situation we have reached is this. Is Can Atalay a detainee or a convict? Because of the Constitutional Court's decision, he is neither. Then why is Can Atalay in Silivri?"

''THEY SHOULD NOT BE STUCK BETWEEN THEIR CONSCIENCES AND THEIR WALLETS''

Stating that "It is very certain and obvious that the hand of politics is here too," mother Şükran Atalay noted the following:

"We still want to believe that the law exists and that the judiciary makes decisions independently. The votes of the suffering people of Hatay given to Can are not tin. They are also worth gold. To be honest, it is not easy to endure. For nearly 6 years, they have been interfering with our lives from the outside. There are many families like us whose children are inside unjustly and unlawfully. In this country, everyone has now learned to protect their water and their soil. Gezi was something where people who used their right to assembly and demonstration raised their objections. The sentences given hurt consciences. I think it also hurt the consciences of people with opposing views. It still hurts. Let them relieve this country. Let judges and prosecutors be comfortable when they look at their children's faces, let them sleep comfortably at night. They should not be stuck between their consciences and their wallets. They should not hurt mothers, fathers, and children, they should not make them cry. Everyone should protect the law for themselves. We hope that no one in the country experiences these things like we do."

WHAT HAD HAPPENED?

Can Atalay, who was arrested within the scope of the Gezi Park case, was elected as a Hatay Deputy from TİP in the general elections held on May 14 last year. The 18-year prison sentence given to Atalay, who was not released from the Marmara Closed Prison in the Silivri district of Istanbul where he was detained, was upheld by the 3rd Criminal Chamber of the Court of Cassation on September 28, 2023. Upon this, less than a month later, on October 25, the Constitutional Court (AYM) made a "rights violation" decision. The court had ruled that Atalay's rights to 'the right to be elected and personal liberty and security' had been violated.

The 3rd Criminal Chamber of the Court of Cassation, to which the Istanbul 13th High Criminal Court sent the file without implementing it, did not recognize the AYM decision. The decision regarding Atalay being sentenced to 18 years in prison in the Gezi case was read by Deputy Speaker of the Parliament Bekir Bozdağ, who is also a former Minister of Justice, at the General Assembly on January 30, and it was announced that his parliamentary membership was revoked. Bozdağ's attitude increased the discussions and objections.

In the justification of the Constitutional Court's decision published in the Official Gazette on August 1, regarding the revocation of Can Atalay's parliamentary membership by reading the decision of the 3rd Criminal Chamber of the Court of Cassation in the TBMM General Assembly, it was pointed out that a de facto situation was created by establishing a process for the revocation of parliamentary membership by reading the letter of the 3rd Criminal Chamber of the Court of Cassation, which includes decisions that clearly do not contain a final conviction decision regarding Atalay, in the TBMM General Assembly. The decision included the phrase, "It is not possible for the Constitutional Court to make a decision about this de facto situation." The court decided that "there is no room for a decision to be made."

Parliament Speaker Numan Kurtulmuş called the Parliament to an extraordinary meeting on Friday at 14.00 upon the call made with the signatures of a sufficient number of deputies.

News Source: 12punto