The European Court of Human Rights (ECtHR) has requested an official response from the Turkish government regarding the ongoing detention of Can Atalay, a Workers' Party of Turkey (TİP) deputy who remains imprisoned despite his election to parliament in May 2023.
Atalay, who has been held for over two years in connection with the Gezi Park trial, has not been released despite rulings from the Constitutional Court that called for his freedom.
The ECtHR is asking the government whether Atalay's continued imprisonment violates his right to freedom and to participate in parliamentary elections. Specifically, the court has asked whether the government has breached Article 5 of the European Convention on Human Rights by depriving Atalay of his liberty, even after his election to parliament. The court also questioned whether Atalay's right to challenge the legality of his detention has been respected, as his appeals for release have been consistently blocked by Turkish courts.
The ECtHR's inquiry follows concerns about conflicts between Turkey's Constitutional Court, which ruled in favor of Atalay’s release, and the Court of Cassation, which has so far refused to implement the ruling. The European court also asked whether Atalay’s continued detention infringes upon his right to stand for election and to hold office, a right guaranteed under Article 3 of Protocol 1 to the European Convention on Human Rights.
Turkey faces judicial crisis as high courts clash over jailed MP
Atalay was elected an MP representing Hatay in the May 2023 general elections but was unable to take his seat due to his imprisonment. Despite his conviction for his involvement in the 2013 Gezi Park protests, legal experts and opposition groups have argued that his parliamentary immunity and election should have secured his release.
After the Court of Cassation defied the Constitutional Court ruling, he was stripped of his MP status. (VK)
