Parliament Speaker on Can Atalay: 'The most correct way is to resolve this issue in harmony'
Turkey Grand National Assembly (TBMM) Speaker Numan Kurtulmuş met with parliamentary reporters at the Parliament on the occasion of the 10th Working Journalists Day.
Kurtulmuş spoke about Turkey Workers' Party (TİP) Hatay Deputy Can Atalay, for whom Constitutional Court (AYM) found a violation regarding his imprisonment twice in its decisions.
In response to questions about how the process will proceed following the non-implementation of AYM decisions by the courts, Kurtulmuş stated, "To avoid having a clash between the two judicial bodies and the Grand National Assembly, we haven't submitted the letter to the General Assembly so far."
Kurtulmuş recalles previous decisions
Stating that "the most correct way to resolve this issue is with ease," Kurtulmuş recalled previous decisions and said:
"In order to avoid a situation similar to the cases of Enis Berberoğlu and Gergerlioğlu in the past, I thought it would be appropriate to wait for the Constitutional Court's decision on this matter. That's why I didn't read it in the Parliament. However, this issue needs to be resolved in some way. We will reveal this practice over time."
The deputies Enis Berberoğlu and Ömer Faruk Gergerlioğlu had their sentences finalized, and after the decisions were read in the Parliament, they had lost their parliamentary immunity and were arrested. However, following the Constitutional Court's violation decision based on their status as members of parliament, they were released and their parliamentary status had been reinstated.
"Parliament is not a party to the legal dispute"
In his meeting with journalists, Kurtulmuş also stated: "In this regard, the Turkish Grand National Assembly (TBMM) is not and cannot be a party to a legal dispute. Therefore, we have consistently made efforts to ensure that the TBMM does not become a party to this dispute between two judicial institutions, so that this legal dispute does not turn into a political controversy. The TBMM is in command of its agenda and will take the necessary steps in this regard."
Court of Cassation: 'Constitutional Court's violation decision for Atalay has no legal value'
Second violation decision by the Constitutional Court
The General Assembly members of the Constitutional Court, in their second meeting on December 21, 2023, voted by majority that Atalay's "right to stand for election and engage in political activities" protected by Article 67 of the Constitution and "right to personal liberty and security" protected by Article 19 of the Constitution had been violated, and unanimously ruled to refer the decision to the 13th Heavy Penal Court, and to remedy the violation.
In the reasoned decision announced on December 27, 2023, the Constitutional Court stated that the courts had "ignored the provisions of the Constitution and acted in a clearly contrary manner."
The reasoned decision emphasized that the decisions of the Constitutional Court are "not advisory in nature," and noted that the expression "non-compliance with the decision of the Constitutional Court" by the Court of Cassation was "not existent in Turkish law."
SECOND VIOLATION DECISION FOR CAN ATALAY
AYM unanimously calls for the implementation of its decision on imprisoned MP
After receiving the violation decision from the Constitutional Court, the 13th Heavy Penal Court, following hours of deliberation, sent the file to the Court of Cassation for the second time, claiming that the violation did not originate from itself.
On January 3, the Court of Cassation 3rd Criminal Chamber stated in its decision that "the second violation decision given by the Constitutional Court regarding Atalay has no legal value and there is no decision that can be applied under Article 153/6 of the Constitution." It ruled to disregard the decision.
Following this decision, discussions about a crisis in the judiciary resumed. (RT/PE)