Justice minister addresses MP Atalay’s situation after Gezi verdict
Justice Minister Yılmaz Tunç responded to journalists' questions during a reception for the new legislative year held at the Parliament.
When asked about whether a parliamentary investigation should be initiated following the finalization of the verdict regarding Can Atalay or if the decision should wait for the Constitutional Court's ruling, Tunç emphasized the importance of respecting judicial decisions and constitutional provisions.
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Tunç pointed out that the Court of Cassation's 3rd Penal Chamber had issued approval and annulment decisions for certain defendants in the Gezi Events trial. He stated:
"A rebellion and uprising aimed at overthrowing the government occurred. When the judiciary gets involved in such a situation, saying 'Gezi cannot be tried, Gezi is our honor' does not apply in a democratic state under the rule of law. We have martyrs here, citizens who lost their lives. Banners of the terrorist organization were hung, pictures of the leaders of the terrorist organization were displayed. How can you say 'no crime' in such circumstances?
“Unfortunately, there are those in our country who say such things. If there is a crime, it should be investigated in a state of law. It was investigated, and an independent, impartial judiciary made a decision. We will all respect this decision. Of course, the decision can be criticized, but statements like 'We do not accept the decision. Gezi is resistance, cannot be tried, is our honor' are not acceptable in a democratic constitutional state."
"Parliamentary membership is terminated"
Regarding Atalay's immunity, he stated:
"There is a debate about whether this person, who has been convicted, falls under 'immunity' due to being elected. The Court of Cassation has made the necessary decision about this. Article 83 of our Constitution states, 'A deputy cannot be interrogated, questioned, or tried.' But those who do not read the following paragraphs and think that immunity is only about that one paragraph are mistaken. When we read the lower paragraphs, it says, 'provided that the investigation is initiated before the election.' The Gezi Trial had its investigation initiated before the election, and it concerns the constitutional order, as stated in Article 14 of the Constitution."
Highlighting the Court of Cassation's ruling that Atalay's immunity was not applicable, Tunç explained that the consequences of a final verdict are regulated in Article 84 of the Constitution: "According to Article 84, with the reading of the final verdict in the General Assembly, parliamentary membership is terminated. We will all follow these processes together. The consequences of the final verdict are written in our Constitution. We will all abide by these rules." (AS/VK)