Supreme Court Chief Prosecutor's Office: Atalay cannot benefit from immunity

2023-11-07 14:34:02


	 

	ANKARA - The Chief Public Prosecutor's Office of the Supreme Court of Appeals, which submitted an opinion for the imprisoned MP Can Atalay, argued that Atalay could not benefit from the immunity clause.

	 

	Despite the decision of the Constitutional Court (AYM) that there was a "violation of rights" about detained TİP Hatay MP Can Atalay, the file was sent to the 3rd Criminal Chamber of the Supreme Court of Appeals without a release decision by the Istanbul 13th High Criminal Court, and then an opinion was submitted to the Criminal Chamber by the Chief Public Prosecutor's Office of the Supreme Court of Appeals

	 

	The following statements were included in the opinion: "When it was understood that the investigation and prosecution for the crime committed by Can Atalay in 2013 had started long before he was elected as a member of parliament, and that the articles of referral and implementation that constituted the basis for his conviction were related to the crime falling within the scope of Article 312 of the Turkish Penal Code, before the election, The member of parliament who commits a crime will not benefit from the legislative immunity provided for in Article 83/2 of the Constitution of the Republic of Turkey.

	 

	It is the conscious choice of the legislator not to limit the crimes falling within the scope of Article 14 of the Constitution. The crimes and actions subject to the convict's conviction are crimes against state security and it is not possible to think that they will not fall within the scope of the article.

	 

	As a result of the decision of the 3rd Criminal Chamber of the Supreme Court of Appeals dated September 28, 2023, the verdict became final and enforceable regarding Can Atalay. The defendant has the status of a convict after the approval decision and the Supreme Chamber sent its decision to the Turkish Grand National Assembly. "At this stage, the Supreme Chamber has made an evaluation regarding release during the appeal review, and the discretion to reject or accept the release request belongs to the Supreme Chamber."

	 

	BACKGROUND

	 

	The Constitutional Court ruled that the rights of Can Atalay, who was elected as Hatay MP from the Turkish Workers' Party (TİP) on October 25, were violated in terms of "the right to be elected" and the "right to personal freedom and security".

	Following the decision of the Constitutional Court, in which 9 members voted for 'violation of rights' and 5 members voted against it, the decision reached the Istanbul 13th High Criminal Court.

	 

	The court committee sent the file to the 3rd Criminal Chamber of the Supreme Court of Appeals on October 30, without giving a decision on release.