Court of Cassation's decision to drop the parliamentary seat of Turkey Workers' Party (TİP) Hatay Deputy Can Atalay, who has not been released from prison despite the Constitutional Court (AYM) issuing two "violation of rights" decisions, was read yesterday (January 30) in the Grand National Assembly of Turkey (TBMM).
Following the reading of the decision, TİP, Peoples Equality and Democracy (DEM) Party, and Republican People's Party (CHP) deputies occupied the parliamentary podium with banners.
After the protest by the deputies, TBMM Deputy Speaker Bekir Bozdağ, who chaired the session and read the decision, closed the session, stating that the proceedings could not continue due to the protests.
What does the dropping of Can Atalay's parliamentary seat mean despite the decision of the highest court?
"It is against democracy, and there is no democracy in Turkey"
Fikret İlkiz, one of Atalay's lawyers, commented on the reading of the decision in the Parliament to bianet.
"At this point, the concept of the rule of law has disappeared in Turkey," İlkiz stated:
"The reading of the decision in the Parliament indicates the state of democracy in Turkey. The decision is related to Can Atalay, but when we look at it in general, it is a situation that concerns all three branches of government: legislative, executive, and judicial. Therefore, at this point, it means that the concept of the rule of law has disappeared because there are two unimplemented Constitutional Court decisions. Saying 'His parliamentary membership has been revoked by a Court of Cassation decision' is against democracy, and there is no democracy in Turkey."
İlkiz stated that they are considering making a new application to the Constitutional Court following this decision.
What happened in the second violation decision?
During the second meeting on December 21, 2023, the General Assembly members of the Constitutional Court, in a majority vote, unanimously ruled to refer the decision regarding Can Atalay's situation to the 13th Heavy Penal Court. The decision stated that Atalay's "right to be elected and engage in political activities," protected by Article 67 of the Constitution, and the "right to personal liberty and security" protected by Article 19 of the Constitution, were violated, and it unanimously ruled to send the case to the 13th Heavy Penal Court for the remedy of the violation.
In the reasoned decision announced on December 27, 2023, the Constitutional Court emphasized that the courts had disregarded and explicitly acted contrary to the provisions of the Constitution. The reasoning highlighted that the decisions of the Constitutional Court are not merely advisory and considered the statement by the Court of Cassation, "non-compliance with the Constitutional Court decision," as an "unprecedented decision" in Turkish law.
After receiving the Constitutional Court's violation decision, the 13th Heavy Penal Court, following a lengthy meeting, argued that the violation did not originate from itself and sent the file back to the Court of Cassation for the second time.
On January 3, the Court of Cassation's 3rd Criminal Chamber stated in its decision that there was no legal value to the second violation decision given by the Constitutional Court concerning Atalay, and there was no decision applicable under Article 153/6 of the Constitution. The decision ruled against compliance with the decision.
Following this decision, discussions about a crisis in the judiciary reignited.
On January 4, Atalay's lawyers made a third application to the Constitutional Court. (RT/PE)
