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Following the parliamentary elections, the elected representatives of the 28th term of the parliament took their oath and began their duties on June 2. However, Can Atalay, who was elected as an MP for Hatay from the Workers' Party of Turkey (TİP), was not released from prison and became the only MP unable to commence his duties.
Atalay, a lawyer and human rights defender, was one of the eight individuals sentenced to imprisonment in the 2013 Gezi Park protests case.
TİP members organized demonstrations yesterday in 36 cities and 85 different locations across Turkey, demanding the release of Atalay.
In İstanbul, TİP members, including MP Sera Kadıgil, the party's spokesperson, gathered outside the Haydarpaşa Train Station in the Kadıköy district.
While the crowd chanted slogans such as "Respect the will of the people," "Hatay demands its representative," and "Freedom for Can, an end to captivity." TİP member Melis Yağmur Yıldırım read out a statement for the press:
"While the legal process is still ongoing at the Court of Cassation, Lawyer Can Atalay, who has been unlawfully held in prison, was elected as a Member of Parliament for Hatay from the Turkey Workers' Party in the elections held on May 14.
"Following the finalization of the election results, Can Atalay received his parliamentary mandate through his lawyers and was registered as a Member of Parliament in the Turkish Grand National Assembly last Friday.
"However, our elected representative has not been able to take his oath as a Member of Parliament and start his duties due to being held captive in Silivri Prison. The application made by Can Atalay's lawyers to the Court of Cassation for his release has been left unanswered for days, and our comrade is still held in prison.
"The situation is a clear violation of the Constitution in every aspect, and the Court of Cassation insists on not implementing the provision commanded by the Constitution. The continuation of the detention of elected Hatay Member of Parliament Can Atalay constitutes a violation of the rule of law, obstructs personal freedom and security, and also violates the rights of voters to be represented.
"Article 83 of the Constitution clearly states the following:
"A Member of Parliament who is alleged to have committed a crime before or after the election cannot be detained, interrogated, arrested, or prosecuted without the decision of the Assembly."
"While the provision of the Constitution, which has an evident meaning, is in place, we ask the authorities, especially the prosecutors of the Court of Cassation:
"Why has Can Atalay still not been released after three weeks since his election?
"Why couldn't Can Atalay take his oath and start his duties in the Parliament?
"When will Can Atalay be able to reach Hatay and start working together with the citizens for the reconstruction of the devastated city?
"Are you afraid that Can Atalay will expose the crimes of those who left
Hatay and the entire country in ruins?
"Don't you know that obstructing the realization of the national will, that is, treating the elected representative as if he were not elected, is a crime?
With these questions, we once again call upon the constitutional institutions to abide by the Constitution. Put an end to this lawlessness now! Exercise your authority to enforce the laws you have obtained!
We expect the removal of the obstacles preventing Can Atalay, as an elected Member of Parliament, from participating in legislative activities and the immediate fulfillment of the right to vote and be elected, which is protected by the Turkish Constitution and the European Convention on Human Rights.
Every day you wait for instructions from the Palace is recorded in the public's book as another day of violating the Constitution. Remember this because we will never forget your unlawful and arbitrary practices. We will continue the struggle for all our comrades, including Mücella Yapıcı, Can Atalay, and Tayfun Kahraman, who have been unjustly and unlawfully imprisoned, and we will bring justice to these lands."
Atalay, who is held in Silivri Prison due to the 18-year prison sentence he received in the Gezi Park trial, received his parliamentary mandate on May 25s, and immediately after that, an application was made to the Court of Cassation for his release.
Despite the application, Atalay was not released, prompting opposition party representatives, bar associations, and democratic organizations to express their objections to his unjust detention.
Can Atalay is also a candidate for the Speaker of the Parliament from TİP. (TY/VK)
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