İstanbul Bar files complaint against court panel not implementing AYM decision for Atalay
With its application to the Supreme Council of Judges and Prosecutors (HSK), the İstanbul Bar Association requested an investigation into the president and members of the Istanbul 13th Heavy Penal Court for the newly constituted crimes of 'abuse of power' and 'deprivation of liberty' by not implementing the Constitutional Court's second violation decision regarding MP Can Atalay, and instead referring the case to the Court of Cassation.
The 13th Heavy Penal Court panel, after a meeting lasting more than 10 hours, had unanimously ruled yesterday (December 27) during the evening hours to resend the case to the Court of Cassation, after the related reasoned decision was published in the Official Gazette yesterday morning.
In the complaint submitted to the HSK by the İstanbul Bar Association, it was emphasized that the Constitutional Court General Assembly decision clearly stated that the competent authority to remedy the violation of rights and issue a release order is the İstanbul 13th Heavy Penal Court.
SECOND VIOLATION DECISION FOR CAN ATALAY
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It was stated in the petition that the action of the 13th Heavy Penal Court in forwarding the case to the Court of Cassation, despite the Constitutional Court decision, constitutes an 'abuse of power' offense. The petition submitted to HSK reads as follows:
“İ
stanbul 13th Heavy Penal Court, by not complying with the Constitutional Court decision, sent the file to the Court of Cassation on 27.12.2023. According to Article 153/6 of the Constitution, the Constitutional Court decision also binds the İstanbul 13th Heavy Penal Court.
The court, even under the guise of legal interpretation, cannot resort to methods and procedures that prevent or delay the implementation of the Constitutional Court decision. Therefore, we file a complaint against the president and members of the Istanbul 13th Heavy Penal Court, who have not fulfilled the requirements of the Constitutional Court decision for the second time, for the newly constituted crimes of abuse of power and depriving a person of their liberty through seemingly legitimate means. We request that the necessary examination and investigation be initiated against them."
(RT/PE)