Despite two rulings from the Constitutional Court declaring a violation of rights, Turkey's Worker's Party (TİP) Hatay Deputy Can Atalay, who has not been released, faced a decision from the 3rd Criminal Division of the Court of Cassation, which was announced during the General Assembly of the Parliament.
AKP Group Deputy Chair Bekir Bozdağ read out the decision, and following its announcement, Atalay lost his parliamentary status.
As the opposition walked towards the parliamentary podium when the indictment to terminate Atalay's membership was about to be read, tension escalated.
During Bozdağ's speech, tensions rose, and the CHP group suggested holding a closed session.
CHP will attempt to lock the Parliament
After the request was accepted, a closed session was held. Bozdağ asked individuals without the authority to be in a closed session to leave the Grand National Assembly of Turkey (TBMM) General Assembly.
In the CHP's closed session request, it was stated, "The issue is not only the violation of the right to vote and be elected of a single deputy but the disruption of the constitutional order. We demand a closed session on this development that threatens the democratic regime."
The CHP Deputy Group Chairman said, "Leave this matter until Thursday." However, Bozdağ did not accept, implying pressure and stating that the membership would be terminated today. The CHP Parliamentary Group will try to lock the Parliament today to prevent the decision from being read.
DEM Party: I invite you to comply with the Constitution
Speaking during the discussions, DEM Party Deputy Group Chairman Gülüstan Kılıç Koçyiğit strongly reacted to the attempt to read the decision to revoke Atalay's membership.
Koçyiğit said, "A coup is being staged against the will of the people here. Where is the Parliament Speaker? You are violating the Constitution. You say you don't recognize the Constitution. When we speak Kurdish, you remind us of the internal regulations. When it comes to the Kurd, to the opposition, why don't you recognize the Constitution, Mr. Speaker? Then write down the persons bound by the Constitution and those not bound by the Constitution.
We are a group whose dozens of parties have been closed. We reject establishing an order that will not even be a state of law, let alone a rule of law. We refuse for you to read the decision about Can Atalay here. Can Atalay is our honor. I invite you once again to comply with the Constitution."
What happened?
Imprisoned since a year and a half ago due to the Gezi Park trial, lawyer Can Atalay was elected an MP in the May elections.
Atalay’s applications for his release to perform his MP duties were rejected by courts.
In late September, the Court of Cassation, the top appeals court, upheld the Gezi verdict, ensuring his continued imprisonment.
In response, Atalay filed an individual application with the AYM, which ruled on October 25 that his election rights were violated.
Instead of directly implementing the AYM verdict, the relevant local court referred it to the Court of Cassation.
The Court of Cassation asserted that the AYM’s decision violated the Constitution and decided to file criminal complaints against its judges.
The AYM General Assembly issued a second violation decision in the Atalay file on December 21, 2023. The reasoned decision of the court was published in the Official Gazette on December 27, 2023.
After the announcement of the reasoned decision, the İstanbul 13th Heavy Penal Court panel, instead of implementing the decision which requested the release of Atalay, sent the file once again to the Court of Cassation 3rd Criminal Chamber, arguing in its unanimous decision, that the violation originated from the decision of the Court of Cassation.
And the Court of Cassation, in its new decision, likened the second violation decision of the Constitutional Court regarding TİP deputy Can Atalay to an example of "juristocracy" and declared it as "unlawful." (RT/VK)
