The parliamentary seat of Can Atalay, Hatay Deputy of the Workers' Party of Turkey (TİP), who was sentenced to 18 years in prison in the Gezi Park trial, has been vacated following the reading of the decision by the 3rd Penal Chamber of the Court of Cassation in the General Assembly of the Parliament on January 30.
Atalay, who had twice applied to the Constitutional Court citing "violation of rights," is now preparing to file a petition with the high court for the "annulment of the decision to revoke his parliamentary status," according to his lawyers.
What will be the legal process?
According to the Constitution, a person whose parliamentary status has been revoked has the right to apply to the Constitutional Court within seven days, claiming that the decision is contrary to the Constitution, the law, or the internal regulations. The Constitutional Court is required to reach a decision on the application within 15 days.
If the Constitutional Court issues a new decision on human rights violations, it reinstates parliamentary status for Atalay, although this may not necessarily lead to his release. According to some legal experts, a local court or a decision from the Court of Cassation is required for Atalay's release.
If the Constitutional Court annuls the decision, Atalay can directly return to the Parliament.
Additionally, the Turkey Newspaper had previously discussed the "Can Atalay formula" of the AKP before his parliamentary seat was vacated.
According to the newspaper, based on information from the Justice Ministry, AKP officials and legal experts in the ministry proposed the possibility that, after the Court of Cassation's decision is read in the Grand National Assembly, Atalay could make a third application to the Constitutional Court to demand the annulment of the parliamentary decision.
If this course of action is taken, and the Constitutional Court lifts the revocation decision, Atalay would directly return to the Grand National Assembly.
Atalay's parliamentary status would be reinstated in the Grand National Assembly. With the acquired parliamentary immunity, legal proceedings would be halted, and Atalay would be released. However, it was noted that there are objections within the AKP to this formula, as reported by the Turkey Newspaper.
It was emphasized that unless a local court or the Court of Cassation issues a 'Retrial Decision,' Atalay may not regain his parliamentary status. (HA/VK)
