Turkey's Constitutional Court finds rights violation in Atalay’s imprisonment once again

Duvar English

Turkey’s Constitutional Court (AYM) on Dec. 21 ruled that Workers’ Party of Turkey (TİP) deputy Can Atalay’s imprisonment constituted rights violations once again, upon Atalay’s lawyers' second application. 

The court reiterated that Atalay’s “right to be elected and to engage in political activities,” protected by Article 67 of the Turkish Consitution, as well as his right to “personal liberty and safety," protected by Article 19 of the constitution, were violated as his imprisonment persisted despite being elected in the May 14 general elections. 

The court decision was made with a majority vote of 11 to 3, whereas the previous Oct. 25 decision had five dissenting votes. It was noted that one of the fifteen judges of the court was absent during the vote.  

TİP made a press statement following the AYM decision on its official X account. “The court has solidified that Atalay is a political captive,” said the party and reminded all judicial bodies that they are legally required to abide by AYM verdicts. 

Turkey’s pro-government Nationalist Movement Party (MHP) deputy stated the AYM ruling was “not surprising,” and said the disagreement between Cassation Court, the country's top appeal's court, and the AYM must be “dealt with.”

The AYM on Oct. 25 ruled by a majority of votes that there was a violation of rights in the case of Atalay in terms of "the right to vote and be elected and the right to personal security and liberty."

The top Turkish appeals court, the 3rd Criminal Chamber of the Court of Cassation, on Nov. 8 refused to comply with the AYM ruling. The court also filed a criminal complaint against AYM justices who voted for Atalay’s release, claiming they violated the constitution and exceeded their authority.

The experts and opposition parties deemed the Court of Cassation’s ruling a “judicial coup attempt.”

On the other hand, pro-government politicians accused the AYM of trying to alter the constitution. President Recep Tayyip Erdoğan stated that the court was making “many mistakes one after another,” whereas MHP head Devlet Bahçeli called the court “the backyard of the separatist terrorist organization,” and proposed its closure.