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The Court of Cassation has denied an application made to secure the release of Can Atalay, a Workers' Party of Turkey (TİP) deputy representing Hatay in a decision overlooking previous rulings by the Constitutional Court.
Atalay, a lawyer and a rights advocate who was sentenced to 18 years in prison for his involvement in the 2013 Gezi Park protests, was elected as a member of parliament from TİP in the May 14 elections.
According to Article 83 of the Constitution, which stipulates that a member of parliament accused of a crime committed before or after the election cannot be detained, interrogated, arrested, or tried without the parliament's decision, Atalay should have been set free. However, his application made through his legal representatives was dismissed yesterday.
The court's decision stated, "Considering that the charge of attempting to overthrow the Republic of Turkey Government through the use of force and violence falls within the scope of Article 14 of the Constitution, and taking into account that the investigation was initiated before the election, it is concluded that, in accordance with the second sentence of the second paragraph of Article 83 of the Constitution, [Atalay] is not entitled to legislative immunity, and therefore, the trial should proceed in accordance with general procedural rules."
Message from Atalay
Following the rejection of the request, Can Atalay, currently held at İstanbul's Silivri (Marmara) Prison, released a written message.
In his message, Atalay addressed Parliament Speaker Numan Kurtulmuş, and the members of the parliament's Presidency Council:
"We have said what we had to say.
"In 2013, we said the same things in Taksim Square as we did in the courtrooms. And today, we reiterate them. Gezi cannot be used as an excuse for framing us with crimes.
"It is now time for those who have remained silent until this day, those who have spoken ambiguously, and those who pretend to speak to speak up.
"Those who see this injustice and attempt to undermine the rule of law as their problem, and those who ought to see it, must speak.
"Those who say, 'We did not find our homeland on the streets; we will not yield to baseless conspiracy theories,' must speak.
"Speaking not just for me but also for those who have fearlessly defended Gezi despite grave threats of severe punishment, everyone must raise their voice. Everyone should speak up for all those who have been subjected to oppression.
"We stand together, for one another.
"Warmest regards...
"Note: Esteemed members of the Presidency Council and the President of the Grand National Assembly, in light of the seriousness of the situation, it is crucial that you fulfill your responsibilities with utmost sincerity. As I am unable to be there at the moment, I invite your delegation to join us here for the swearing-in ceremony." (TY/Mİ/VK)
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