The Constitutional Court (AYM) General Assembly issued a second "violation decision" for Can Atalay, a Member of Parliament from the Turkey Workers' Party (TİP), who was sentenced to 18 years in prison in the Gezi Park case, and who has not been released from the prison despite being elected an MP from Hatay in May 14 elections.
The General Assembly members, by a majority vote and with 3 dissenting votes, decided that Can Atalay's "right to be elected and engage in political activities" guaranteed by Article 67 of the Constitution and the "right to personal liberty and security" guaranteed by Article 19 of the Constitution were violated.
The General Assembly, however, decided to send the violation decision to the 13th Heavy Penal Court and to take measures to remedy the violation unanimously. The members of the AYM General Assembly ruled for the implementation of the decision by the first-degree court.
The supreme court has also ruled for compensation of 100,000 TL to be awarded to Can Atalay. AYM had previously decided on a compensation of 50,000 TL in the first violation decision.
In the first violation decision, the AYM General Assembly had voted 9 in favor and 5 against. In the second violation decision, this count changed to 11 in favor and 3 against.
In the previous decision of the AYM General Assembly, AYM President Zühtü Arslan, and vice-presidents Hasan Tahsin Gökcan and Kadir Özkaya, as well as members Engin Yıldırım, Muhammed Emin Kuz, Rıdvan Güleç, Kenan Yaşar, Selahaddin Menteş, and Yusuf Şevki Hakyemez, had ruled for a "violation."
Members İrfan Fidan, Muhterem İnce, Muammer Topal, Yıldız Seferinoğlu, and Basri Bağcı had stated that there was no "violation" and cast dissenting votes. Member Recai Akyel had not participated in the session.
Second application regarding Atalay referred to Constitutional Court General Assembly
Turkey faces judicial crisis as high courts clash over jailed MP
(RT/PE)
