Constitutional Court refers Can Atalay's application to the General Assembly

The Constitutional Court (AYM) has decided to refer to its General Assembly the application of the Turkey Workers' Party (TIP) Hatay MP Can Atalay on the grounds of "parliamentary immunity," who is still imprisoned despite being elected a deputy. Atalay who was sentenced to 18 years in prison in the Gezi Trial. 

Can Atalay had submitted an application requesting his release and the suspension of his trial based on violations of his rights. The Constitutional Court (AYM) has decided to refer the case to the General Assembly. The options in front of the AYM were to either accept, reject, or refer the application to the General Assembly. The date when the application will be discussed in the General Assembly is yet unknown.

Previously, the AYM had referred the case of Ömer Faruk Gergerlioğlu, a former HDP member of parliament whose parliamentary membership was revoked in the 27th term, to the General Assembly and subsequently ruled that Gergerlioğlu's "right to stand for election and engage in political activities" and "personal freedom and security" had been violated.

What Happened?

Can Atalay, who was on trial in the Gezi Trial for "attempting to overthrow the government," was sentenced to 18 years in prison on April 25, 2022.

Following the approval of the conviction decision by the Court of Appeals on December 28, 2022, the case file was sent to the Court of Cassation.

Can Atalay was elected as a member of parliament for TIP from Hatay with 75,720 votes in the elections held on May 14.

His attorney received his mandate on May 25, and a request for his release was submitted directly to the Court of Cassation through the National Judiciary Informatics System (UYAP) on the same day, followed by a direct application to the Court of Cassation on May 26.

However, the Court of Cassation's 3rd Criminal Chamber unanimously rejected the release request on July 13, disregarding the precedent decisions of the Constitutional Court. The subsequent objection to this decision was also rejected by the Court of Cassation's 4th Criminal Chamber by a vote of four against one, affirming the 3rd Criminal Chamber's decision.

In response to this decision, Atalay's lawyers applied to the Constitutional Court on July 21, stating that his right to a fair trial and his right to stand for election, be elected, and engage in political activities had been violated.

Subsequently, on September 28, the Court of Cassation's 3rd Criminal Chamber upheld the life sentences of Osman Kavala and the 18-year prison sentences of Can Atalay, Çiğdem Mater, Tayfun Kahraman, and Mine Özerden in the same case.

Imprisoned MP Can Atalay applies to Constitutional Court

21 July 2023

(HA/PE)