Constitutional Court finds violation in imprisoned MP Can Atalay’s case

The Constitutional Court has ruled that the rights of Can Atalay, the imprisoned MP of the Workers’ Party of Turkey (TİP), were violated due to the authorities' refusal to release him despite being elected in the May elections.

Atalay is among the eight convicts of the case concerning the countrywide anti-government protests in 2013, known as the Gezi Park protests. He was sentenced to 18 years in prison for “aiding an attempt to overthrow the government.”

The high court, by a 9-5 majority vote, determined that violations encompassed not only his "right to vote and be elected" but also the "personal security and liberty."

Atalay's lawyer, Akçay Taşçı, welcomed the decision, emphasizing that it, although somewhat belated, was a just one. Taşçı noted that this ruling opens the door to Atalay's release and mentioned their intention to swiftly approach the local court for the practical implementation of the Constitutional Court's judgment.

"While a similar decision should have been made by the Court of Cassation, it was not. Despite the delayed nature of the Constitutional Court's decision, it still demonstrates the existence of shreds of justice in this country. Now, we await the implementation of the decision and Can Atalay's regaining of his freedom," Taşçı stated.

Justice minister is 'waiting for justified ruling'

Justice Minister Yılmaz Tunç responded to questions from journalists ahead of the AKP group meeting. Regarding the recent Constitutional Court decision, saying, "The decision is still fresh. The reasoned decision has not been announced yet. We should make a statement after seeing the reasoning."

When asked if a finding of a rights violation by the Constitutional Court implies a return to the Parliament, Tunç replied, "If there is a finding of a rights violation by the Constitutional Court, we need to read the reasoned decision. Actions will be taken based on that reasoned decision."

Background

Can Atalay is a prominent human rights lawyer and a member of the Workers' Party of Turkey (TİP). He has defended many activists, journalists, academics, and politicians who have faced prosecution for their dissenting views or participation in protests.

Atalay was one of the defendants in the Gezi Park trial, a controversial case that accused them of organizing and financing the 2013 anti-government protests that started in İstanbul's Gezi Park and spread across the country. 

In April 2022, Atalay was sentenced to 18 years in prison for "attempting to overthrow the government by force and violence" along with seven other defendants, including philanthropist Osman Kavala, who received an aggravated life sentence. The verdict was widely criticized by human rights groups, opposition parties, and international organizations as a politically motivated attack on civil society and freedom of expression.

In the elections in May, Atalay was elected as an MP from Hatay province. However, he was not released from prison despite having parliamentary immunity. His lawyers appealed to the Court of Cassation and the Constitutional Court, arguing that his right to be elected and his personal liberty were violated. Meanwhile, the Court of Cassation, the country’s top appeals court, upheld his conviction in July. (RT/VK)