TİP submits parliamentary application for Atalay upon AYM ruling

Duvar English

The Workers' Party of Turkey (TİP) on Aug. 5 submitted an application to the Turkish Parliament regarding its jailed former deputy Can Atalay, following the Constitutional Court (AYM) decision that found the decision stripping his lawmaker status “null and void.” 

The petition stated, "The registration of Can Atalay as a member of Parliament and the restoration of his personal rights is a constitutional obligation."

The AYM's detailed decision, published in the Official Gazette on August 1, stated that the annulment of Atalay's parliamentary membership was "null and void." After the publication of the decision, TİP applied for the reinstatement of Atalay's personal rights, who remained in prison and was stripped of his parliamentary status despite the court's ruling.

TİP filed a petition with the Presidency of the Turkish Grand National Assembly (TBMM) requesting Atalay's personal rights be reinstated.

According to a report by online news outlet Gerçek Gündem, the petition stated, "Despite the absence of a final judgment, it was determined that the annulment of Şerafettin Can Atalay’s parliamentary membership by reading a court decision is 'null and void.' Considering the binding nature of the Constitutional Court's decision on the TBMM, as per Article 138 of the constitution, it is a constitutional obligation to register Şerafettin Can Atalay as a member of parliament and restore his personal rights without any further action."

Meanwhile, inaction from the parliament in implementing the AYM decision continued to draw criticism. 

The main opposition Republican People’s Party (CHP) tasked its parliamentary group to call for an extraordinary meeting of the TBMM on August 14 regarding Atalay's annulled membership.

Additionally, the Confederation of Revolutionary Trade Unions of Turkey (DİSK), the Confederation of Public Employees' Trade Unions (KESK), the Union of Chambers of Turkish Engineers and Architects (TMMOB), and the Turkish Medical Association (TTB) issued a joint statement calling for the implementation of the Constitutional Court's decision.

Atalay posted on his social media account regarding the AYM ruling. He wrote, "Despite the clear, unequivocal provisions of the Constitution, they 'annulled' the parliamentary membership of an elected MP with 'nonexistent provisions' and 'impossible procedures.' They made the Turkish Grand National Assembly complicit in the blatant violation of the Constitution.” 

He continued, “My reaction and objection are not only to the injustice I suffered but also to the 'constitutional crisis' inflicted on our country. I am concerned about the damage this lawless state, where it is unpredictable who will use which right and authority will cause to our country.”

Atalay found the AYM decision to bring the situation back to legal grounds “very important” for both himself and the country. 

“What is at stake now is the law of the assembly, the dignity of the assembly, and the objection to the assembly acting on orders. I expect the immediate implementation of the Constitutional Court's decision, no further resistance to the clear provisions of the Constitution, and the fulfillment of all procedures related to the parliamentary membership that was never actually annulled, as the natural and obligatory consequence of the Constitutional Court's three decisions on the matter," he concluded. 

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. 

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.

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