Constitutional Court declares revocation of Can Atalay’s MP status ‘null and void’

The Constitutional Court published its detailed ruling in today’s Official Gazette regarding the case of Can Atalay, a member of the Workers’ Party of Turkey (TİP) who was elected as an MP in the 2023 elections. Despite his election, Atalay, who was incarcerated due to charges related to the 2013 Gezi Park protests, was not released from custody. Following this, the parliament voted to revoke his parliamentary seat.

The Constitutional Court deemed the parliament's decision to revoke Atalay's seat as ‘null and void’ as the Court of Cassation's failure to implement the Constitutional Court's decisions was legally invalid. The ruling was decided with a majority of 10 votes against 4, emphasizing that the judicial process surrounding Atalay's case has lacked legal merit.

Court of Cassation: 'Constitutional Court's violation decision for Atalay has no legal value'

3 January 2024

Atalay’s case led to an unprecedented clash between the two highest courts of Turkey last year, when he was elected an MP. At the time of his election in May 2023, Atalay had been in prison for one and a half years. His applications for his release to perform his MP duties were rejected by courts. In 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 Constitutional Court, which ruled on October 25 that his election rights were violated. Instead of directly implementing the Constitutional Court verdict, the relevant local court referred it to the Court of Cassation. In its decision, the Court of Cassation openly criticized the top court, asserting that the Constitutional Court’s decision violated the Constitution and announcing that it will file criminal complaints against its judges.

Court of Cassation: 'Constitutional Court's violation decision for Atalay has no legal value'

3 January 2024

New application for release

Following the publication of the detailed ruling, Atalay’s lawyers filed a fresh application for his release.  Atalay’s legal team has submitted a new petition to the Istanbul 13th High Criminal Court, demanding Atalay's immediate release. The petition, signed by attorneys Evren İşler, Deniz Özen, Akçay Taşçı, and Fikret İlkiz, argues that the Constitutional Court’s decision should be upheld and Atalay’s continued detention is a violation of his legal rights.

The petition further outlines the legal obligations of the 13th High Criminal Court to uphold the Constitutional Court’s decision. It argues that all relevant judicial bodies and public authorities must act to resolve the violations identified by the Constitutional Court, emphasizing that the Constitutional Court’s rulings are not mere recommendations but binding decisions.

Reactions

Özgür Özel, leader of the main opposition Republican People's Party (CHP), took to social media to declare that the Constitutional Court's decision confirms that Atalay's parliamentary revocation was void. He stated, “Can Atalay should be released immediately, allowed to take his parliamentary oath, and have all his rights restored.”

Erkan Baş, leader of Atalay’s TİP, , echoed this sentiment, urging for immediate action to correct what he described as a national embarrassment. “The injustice inflicted on our country must be rectified immediately. Can Atalay should be released without delay and commence his duties following his parliamentary oath. The coup plotters will be defeated, and Can Atalay will return to parliament! All Gezi prisoners will eventually be free.” (VK)