Turkey's Constitutional Court rules parliament's decision to strip jailed opposition MP's status unlawful

Duvar English

Parliament's decision to strip a jailed opposition lawmaker of his seat was "null and void," Turkey's Constitutional Court has ruled, prompting calls by his lawyer and the opposition for his release and return to the assembly.

Can Atalay was sentenced in 2022 after being convicted of trying to overthrow the government by allegedly organizing the nationwide Gezi Park protests in 2013 with philanthropist Osman Kavala, also now jailed, and six others. All deny the charges.

In January 2024, parliament stripped Atalay of his seat following a judicial ruling. Atalay, 48, was elected to parliament in May last year to represent the Workers' Party of Turkey (TİP) while serving an 18-year prison sentence.

The Constitutional Court had ruled in October 2023 that the imprisonment of the elected lawmaker violated his rights to security, liberty and the right to be elected.

A detailed ruling by the court, published in Turkey's Official Gazette on Aug. 1, said the decision of the Court of Cassation not to implement the higher court's October judgment had no legal value.

"It is not legally possible to attribute value to the Court of Cassation's decision that disregards the Constitutional Court's ruling of violation. Furthermore, it is not acceptable to maintain the existence of a finalized conviction based on the Court of Cassation's decision," the top court stated in its ruling.

AYM also noted that the decision that read in the parliament to revoke Atalay's status "cannot be rendered within Turkish law, is completely outside the framework of the Constitution, and lacks any legal basis as it disregards the Constitutional Court's ruling on the individual application."

AYM ruled twice, in October and December 2023, that Atalay's imprisonment violated his right to be elected. But the Court of Cassation's refusal to release him on both occasions stoked a judicial crisis.

TİP: 'This disgrace must rectified'

TİP chair Erkan Baş praised the AYM's decision and stated on X, "This great disgrace inflicted upon our country must be immediately rectified, and Can Atalay should be released without delay to take his oath as a member of parliament and begin his duties. The coup plotters will be defeated, #CanAtalayToParliament! All Gezi prisoners will surely gain their freedom!"

Özgür Özel, leader of the main opposition Republican People's Party (CHP), said in a post on X, "Can Atalay should be released and sworn in as an MP. All his rights should be restored,"

Atalay's lawyer Deniz Özen told Reuters the AYM ruling stated that keeping the lawmaker in prison and stripping Atalay of his status as deputy was not legal.

"The court's ruling paves the way for his release," he said, adding that Istanbul's 13th Criminal Court would make the final decision.

To reinstate Atalay's parliamentary membership, calling an extraordinary session of the parliament, which is currently on summer recess, is also an option for opposition parties. The only opposition party with enough members to request such a session is the CHP.

Presidency: AYM's decision has no executive authority

In a social media statement, Presidential Chief Advisor and Deputy Chair of the Presidential Legal Policies Council Mehmet Uçum deemed the AYM's decision "legally null and void."

Uçum further stated that No relevant authority "is legally obligated to act or take action" based on the AYM's decision.