Minister comments on Constitutional Court's Atalay decision: 'It should have been rejected'

Justice Minister Yılmaz Tunç, commented on the decision of the Constitutional Court (AYM) regarding revoking of parliamentary membership of Can Atalay, the Workers' Party of Turkey (TİP) Hatay Deputy, who was sentenced to 18 years in prison in the Gezi Park Trial.

Answering questions from journalists in Zonguldak, Tunç criticized the Constitutional Court's decision of "no grounds for a decision" and stated, "The Constitutional Court should have issued a rejection decision due to lack of jurisdiction."

AYM discusses removal of Atalay's deputyship: 'There is no place for decision-making'

22 February 2024

Tunç also noted that the reasoned decision has not yet been published, stating, "Can Atalay's parliamentary membership has been revoked based on a final judgment. We have not yet seen the reasoned decision of the Constitutional Court, but a rejection decision should be made here due to lack of jurisdiction. Because there is a clear provision of the Constitution. If the Constitutional Court's decision in this regard is due to the discussion of the final judgment read in the Parliament, then this is not correct. The final judgment has been read in the Parliament. When the reasoned decision is published, we will see the grounds on which it was given. Can Atalay's parliamentary membership has also been revoked due to the reading of the final judgment in the Parliament."

Atalay's deputyship revoked on January 30

Can Atalay, who was sentenced to 18 years in prison in the Gezi Park Case and was arrested on April 25, 2022, was elected as a TİP Hatay Deputy in the May 14 Elections.

Despite Atalay being handed his certificate of election after the elections, his request for release was rejected.

Following this, Atalay's lawyers filed a constitutional violation application to the Constitutional Court on July 21, 2023.

Atalay was not released despite two rulings by the Constitutional Court (AYM) finding violations of his rights.

The decision by the 3rd Criminal Chamber of the Court of Cassation for Atalay was read out in the General Assembly of the Parliament on January 30.

Following the reading of the decision, Atalay's deputyship was revoked.

However, controversies arose after the revocation of Atalay's deputyship. Atalay's lawyers and legal experts argued that the document read in the General Assembly did not contain a final judgment; instead, it was a decision by the 3rd Criminal Chamber of the Court of Cassation on January 3, stating that they would not comply with the AYM's violation ruling.

Emphasizing that the wrong decision had been read out and that there was no final judgment against Atalay, Atalay's lawyers, along with representatives from the Workers' Party of Turkey (TİP), Republican People's Party (CHP), and People's Equality and Democracy Party (DEM Party), lodged an application with the AYM. In their application, they requested that the decision to revoke the deputyship should be determined to be null and void, in accordance with Article 85 of the Constitution. (RT/PE)