Can Atalay seeks reinstatement of parliamentary rights following high court ruling

Can Atalay, a member of the Workers’ Party of Turkey (TİP) and an elected representative for Hatay, has requested the restoration of his parliamentary rights following a recent decision by the Constitutional Court. The court on Aug 1 declared that Atalay’s removal from parliament was ‘null and void’.

Atalay, who has been imprisoned since 2022 as part of the controversial Gezi Park case, sent his request via fax from prison. "The court noted that it is impossible to accept the presence of a definitive conviction against me," Atalay stated in his petition, emphasizing the need for urgent action to prevent further damage to the integrity and legal standing of the parliament.

Following the court's ruling, the parliament's speaker Numan Kurtulmuş arranged a meeting with TİP Chair Erkan Baş to discuss the matter. The meeting is scheduled to take place today at 1 pm local time.

The legal controversy surrounding Atalay’s case

Atalay is one of eight individuals imprisoned in connection with the countrywide anti-government protests in 2013, known as the Gezi Park protests. In April 2022, philanthropist Osman Kavala received a life sentence for attempting to overthrow the government by organizing and financing the protests. Atalay and six others were convicted of aiding this attempt.

Upon Atalay’s election to parliament in May 2023, he had already been incarcerated for 18 months. Despite his election, courts consistently denied his requests for release to fulfill his parliamentary duties. The Court of Cassation upheld his conviction in September, ensuring his continued imprisonment.

In response to the continued legal battle, Atalay filed an individual application with the Constitutional Court, which ruled on October 25 that his electoral rights had been violated. However, rather than enforcing this verdict, the local court referred it to the Court of Cassation, which openly criticized the Constitutional Court’s decision and announced intentions to file criminal complaints against its judges in what was an unprecedented crisis between the two highest judicial bodies of the country.

Following the publication of the Constitutional Court's detailed ruling, Atalay's legal team submitted a new application for his release to the İstanbul 13th Heavy Penal Court. Attorneys Evren İşler, Deniz Özen, Akçay Taşçı, and Fikret İlkiz argued that the court's decision must be honored and that Atalay's continued detention constitutes a violation of his legal rights. (VK)