Incarcerated parliamentary member Can Atalay, whose case threw Turkey’s judiciary into a constitutional crisis following competing decisions released in November, has officially been stripped of parliamentary status. Parliamentary member Leyla Şahin Usta, a member of President Recep Tayyip Erdoğan’s Justice and Development Party (AKP), announced the decision Today (Tuesday, January 30th).
Can Atalay from the Turkish Workers Party (TİP) has been incarcerated since 2022 due to his alleged involvement in the 2013 Gezi protests and was subsequently convicted of attempting to overthrow the government. Despite being elected as a Member of Parliament in the latest general elections in 2023, Mr. Atalay applied for release, citing parliamentary immunity typically afforded to government officials like MPs. However, despite two rulings in his favor by the Constitutional Court of Turkey, the lower court that convicted Atalay has refused his release. Today, on January 30th, the ruling party AKP has taken steps to strip Mr. Atalay of his status as a member of parliament.
In a TV interview, representative of AKP’s Leyla Şahin Usta stated: “We expect to complete the procedure by today or later this week. The parliament must do its job to see this process to its completion.” According to Usta’s statement, ruling from Turkey’s Constitutional Court in November has no bearing on Atalay’s expulsion from parliament, despite the highest court in the land ruling that Atalay’s ‘right to be elected and participate in political activities’ as well as his ‘personal freedom and security’ had been violated as a result of his imprisonment.
Before the decision to revoke Mr. Atalay’s status came down, the opposition party group leaders spoke in the General Assembly. The Felicity Party, İYİ Party, Peoples’ Equality and Democracy Party (DEM Party), and the Republican People’s Party (CHP) argued that the decision concerning Can Atalay had no legal basis.
Can Atalay’s legal team has stated that they will once again appeal to the Constitutional Court in the event of the revocation of his parliamentary status. The appeal is expected to be lodged within seven days, and the Constitutional Court is anticipated to render a decision on the appeal within 15 days following its submission.
Previously, the Constitutional Court had reinstated the deputy status of CHP’s Enis Berberoğlu and HDP’s Ömer Faruk Gergerlioğlu with its rulings. It is anticipated that the Constitutional Court will decide in favor of Atalay’s release and his swearing-in to commence his duties in the parliament. However, given the current constitutional crisis where a lower court asserts that its authority cannot be challenged by the Constitutional Court, the efficacy of the decision remains to be seen.
Background
Can Atalay, a longtime opposition lawyer and activist, has been incarcerated since April 2022 for his alleged role in events such as the 2013 Gezi Park protests, 2014 Soma mine disaster, and the 2018 Çorlu train accident. Despite his incarceration, Atalay ran as a parliamentary candidate for the Turkish Workers Party (TİP) as a representative for Turkey’s southeastern Hatay province in the May 2023 general elections.
Following his election victory, Turkey’s Constitutional Court began reviewing Atalay’s appeal for release on the basis of ‘parliamentary immunity’. The country’s judicial system was thrown into crisis in November 2023 when, following a decision by the high court to release Atalay in late October, Turkey’s Court of Cassation ruled on November 9 that the high court’s decision would not be implemented. The ruling also stated that criminal complaints would be filed against the Constitutional Court judges who had voted for Atalay’s release.
The ruling from the Court of Cassation and the failure to release Atalay had been widely criticized by Turkish opposition politicians, lawyers, and constitutional experts.
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Written/translated by Leo Kendrick – Medyascope
