Can Atalay's lawyer: The issue has gone beyond Can, we are having a constitutional order debate

2023-11-09 16:13:56


	 

	ISTANBUL – TİP MP Can Atalay's lawyer, Akçay Taşçı, said about the decision of the 3rd Criminal Chamber of the Supreme Court of Appeals, which filed a criminal complaint against the members of the Constitutional Court, whom the Constitutional Court did not recognize the violation decision, as follows: "The issue has already gone beyond Can Atalay. We are now experiencing a constitutional order debate; therefore, the issue is now the product of a conflict between ruling groups." 

	 

	Turkish Workers' Party (TİP) Hatay MP Can Atalay, who was sentenced to 18 years in prison in the Gezi Case, is not released despite the "right violation" decision given by the Constitutional Court (AYM). Istanbul 13th High Criminal Court, where the application for release was made after the Constitutional Court decision, sent the file to the 3rd Criminal Chamber of the Supreme Court of Appeals.

	 

	In the opinion submitted by the Supreme Court of Appeals Chief Public Prosecutor's Office, it was claimed that Atalay could not benefit from the immunity clause. The 3rd Criminal Chamber of the Supreme Court of Appeals filed a criminal complaint against the members of the Constitutional Court who did not recognize the decision of the Constitutional Court, claiming that they "violated" the provisions of the Constitution and "exceeded their authority" and voted in favor of "violation".

	 

	Can Atalay's lawyer Akçay Taşçı evaluated the Supreme Court decision, which the opposition described as a "coup".

	 

	'DEBATING OF CONSTITUTIONAL ORDER'

	 

	Stating that it is not possible to evaluate the decision legally, lawyer Akçay Taşçı said: “The issue has already gone beyond Can Atalay. We are now experiencing a constitutional order debate. Therefore, the issue is now the product of a conflict between ruling groups. The Constitutional Court decision regarding Can Atalay will be final and eventually implemented; however, it is not possible for us to predict the timing."

	 

	Drawing attention to the impact of politics on the judiciary through the decision of the Supreme Court, Taşçı said: "We always knew the impact of politics on the judiciary, but I did not expect it to become so public."

	 

	'GEZI AND KOBANÊ CASES ARE THE BIGGEST CONSPIRACY'

	 

	Stating that although Cana Atalay became a member of parliament and came to the fore, many people in Turkey were faced with unlawfulness, Taşçı said: "Cases like Gezi and Kobanê are the biggest conspiracy created by the government, one of the biggest imaginary cases. There are still four convicts in detention in the Gezi case, apart from Can Atalay. It is necessary to define imaginary cases such as the Gezi and Kobanê cases as cases that the government turned into political obstinacy. What is important in these cases is the common lawlessness because Selahattin Demirtaş, Figen Yüksekdağ, Gülten Kışanak and other prisoners are being tried with the same imaginary cases. There is a lot of imagination in the Kobanê file. The prosecutor clearly tells the defendants, 'They directly killed people during the demonstrations', so there is no need for even a legal discussion here anymore. People are directly tried for murder. The illegalities in the Kobanê case and the idea in the Gezi case, which fuels the claim that the Gezi protests were planned as an international conspiracy, are the same. They want to silence everyone who dissidents in Turkey through fabricated indictments and fabricated trials."

	 

	MA / Esra Solin Dal