Constitutional Court ruled that Can Atalay’s rights were violated since he his still in prison for Gezi Park ptotests despite being elected as a lawmaker in May elections. Now he is expected to be released and take an oath as a lawmaker. In the photo other four Turkish Labor Party lawmakers Ahmet Şık, Sera Kadıgil and Erkan Baş with Atalay’s photo at the oppening session of the Grand National Assembly.
The Constitutional Court (AYM) ruled that the rights of Can Atalay, who was elected as Turkish Labor Party (TİP) Hatay lawmaker in May elections, were violated since he was not released from the prison he has been kept with the approval of his prison sentence in Gezi Park Protests case.
Ruling on Atalay’s individual application in October, the Court ruled by 9 votes to 5 that his right to “be elected and engage in political activity” and “personal liberty and security” had been violated. The Constitutional Court will apply to the Istanbul 13th High Criminal Court to execute the decision.
According to the law, a convict who has the right to enter to parliamentary elections and if elected as a lawmaker they should be released after the official election results announced. Their conviction is not pardoned, they serve the rest of their sentence after the parliamentary term ends.
Akçay Taşçı, Atalay’s lawyer, said, “He should be released immediately, take the oath of office and start serving as the deputy of the people of Hatay.”
Speaking on the verdict, Justice Minister Yılmaz Tunç said, “We need to read the reasoned decision. Of course, action will be taken in line with the reasoned decision.”
Şükran Atalay, Atalay’s mother, said on Halk TV: “It means that real judges still exist… No one should lose hope, there are good people.”
Can Atalay was one of the 8 defendants on Gezi Park trial together with Osman Kavala.
The Istanbul 13th High Criminal Court sentenced Kavala to aggravated life imprisonment for “attempting to overthrow the government” and 7 defendants, including Can Atalay, to 18 years in prison for aiding the attempted coup for organizing the Gezi Protests in 2013.
On September 28, 2023, the 3rd Criminal Chamber of the Court of Cassation upheld the sentences of Kavala, Atalay, Mine Özerden, Çiğdem Mater and Tayfun Kahraman.
Now all eyes are on the Istanbul High Criminal Court. Whether the court will allow Atalay to be released and resume his duties as a member of parliament despite the Constitutional Court’s ruling could set a new precedent in the debate on the influence of politics on the judiciary in Türkiye.
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