The General Assembly of the Constitutional Court (AYM) has released the reasoning for its second violation decision regarding Can Atalay, who was sentenced to 18 years in prison in the Gezi Park case and elected as a Member of Parliament for the Turkey Workers' Party (TİP) in the parliamentary elections on May 14.
In the 31-page reasoned decision published in the Official Gazette today, reference was made to the judicial crisis that began with Istanbul 13th Heavy Penal Court and the Court of Cassation 3rd Criminal Division not complying with the AYM decision. The courts were noted to have "disregarded the provisions of the Constitution and acted blatantly contrary."
Following the announcement of the reasoned decision for AYM's second "violation of rights" decision, Atalay's lawyers submitted a petition to the 13th Heavy Penal Court for the implementation of the decision. In the petition, it was reminded that the court had been waiting for the "reasoned decision" and it was stated, "A decision can no longer be awaited; a verdict must be rendered."
"Continued detention of applicant constitutes a violation"
The following is said in the reasoned decision announced today by the Constitutional Court:
"The process, which began with the İstanbul 13th Heavy Penal Court sending a file within its jurisdiction to the Court of Cassation 3rd Criminal Division and was shaped by a decision of the Division disregarding the provisions of the Constitution, clearly constitutes a violation of the Constitution's text and ultimately led to the arbitrary deprivation of the applicant's freedom. In this situation, the continued detention of the applicant in a correctional facility with the status of a convicted person constitutes a violation of the guarantees regarding personal liberty and security in Article 19 of the Constitution."
Additionally, it is emphasized in the reasoned decision that the Constitutional Court's decisions are not of an advisory nature. An example is given of the Court of Cassation Criminal General Assembly's decision in another case, affirming that "Constitutional Court decisions are binding."
'Can Atalay's friends' keep vigil in courthouse until release order is issued for the MP
Atalay's lawyers: "Decision of the AYM is binding"
The lawyers of MP Atalay also reminded that the decision of the Constitutional Court is binding in the petition submitted to the Istanbul 13th Heavy Penal Court following the announcement of the reasoned decision.
In the petition, which states that the decision encompassed the determination and elimination of the violation and its consequences, and what needs to be done, it was mentioned, "It wasn't even necessary to write it, but the reasoned decision has also been written," and the court was requested to comply with the decision.
SECOND VIOLATION DECISION FOR CAN ATALAY
AYM unanimously calls for the implementation of its decision on imprisoned MP
CHP leader on AYM's Atalay ruling: 'Resisting the decision is to disregard the legal order'
(PE)
