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

The Constitutional Court (AYM) reviewed the application made for the determination that the removal of Can Atalay, a member of the Turkey Workers' Party (TİP) and a deputy for Hatay, was "null and void."

In today's plenary session, the AYM ruled that "there is no place for a decision" on the application made by the lawyers of the CHP and Atalay.

Anadolu Agency reported that the Constitutional Court Plenary reached this decision with a majority vote.

Atalay's deputyship was revoked on January 30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 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Following the reading of the decision, Atalay's deputyship was revoked.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)