Minister of Justice responds to CHP leader's call to 'resist'

Justice Minister Yılmaz Tunç responded to reactions regarding the Yargıtay 3rd Criminal Division's failure to comply with the Constitutional Court's (AYM) violation decision on Can Atalay's application and the criminal complaints against the AYM members who made the decision. Tunç wrote on his social media account:

"Making statements that 'a coup against the Parliament has been attempted' in the evaluations made through the Constitutional Court and Court of Cassation decisions related to the finalized conviction under Article 312 of the Turkish Penal Code for attempting to 'overthrow the Republic of Turkey Government by using force and violence' due to the Gezi uprising is a highly incorrect and irresponsible act."

The Republic of Turkey is a state governed by the rule of law. There is no benefit to anyone in calling for street movements using court decisions as an excuse. In a state of law, problems are not solved on the streets but through mechanisms prescribed within the legal framework."

CHP LEADER SAYS COURT OF CASSATION DECISION IS A CLASH BETWEEN WINGS OF GOVERNMENT

Özel: 'We have sworn not only for Atalay's freedom, but also to uphold the Constitution'

9 November 2023

CHP President Özgür Özel, in his statement after the extraordinary group meeting yesterday evening, interpreted the decision of the Court of Cassation not to implement the Constitutional Court's decision regarding Can Atalay as an attempt to overthrow the constitutional order and called for resistance:

What happened?

Atalay was one of the defendants in the Gezi Park trial, a controversial case that accused them of organizing and financing the 2013 anti-government protests that started in İstanbul's Gezi Park and spread across the country. 

In April 2022, Atalay was sentenced to 18 years in prison for "attempting to overthrow the government by force and violence" along with seven other defendants. 

In the elections in May, Atalay was elected as an MP from Hatay province. However, he was not released from prison despite having parliamentary immunity. His lawyers appealed to the Court of Cassation and the Constitutional Court(AYM), arguing that his right to be elected and his personal liberty were violated. While the Court of Cassation, the country’s top appeals court, upheld his conviction, AYM ruled on October 25 that Atalay's "right to stand for election" and "personal freedom and security" rights had been violated. (AS/PE)