Constitutional Court annuls dismissal of MP Can Atalay

The Constitutional Court’s recent decision, now published in the Official Gazette, has declared the dismissal of Can Atalay’s parliamentary status “null and void.”

Atalay, elected as an MP from the Workers’ Party of Türkiye, was previously removed from his position, but the court has now overturned this action, restoring his parliamentary status.

The Court’s decision includes the following statement: “In the 53rd session of the TBMM General Assembly on 31.07.2024, it was determined that the dismissal of Hatay MP Serafettin Can Atalay’s parliamentary status, based on the reading of the letter from the President of the 3rd Criminal Chamber of the Court of Cassation dated 03.01.2024 and numbered E.2023/12611, Miscellaneous Works 2024/1, is null and void. It was decided on 22/2/2024, with the dissenting votes of Kadir Özkaya, İrfan Fidan, Muhterem İnce, and Yılmaz Akçil, by a majority vote, that there is no need to make a decision on the request for annulment under Article 85 of the Constitution.”

Following the decision, main opposition leader Ozgur Ozel called for the restoration of all of Atalay’s rights.

Istanbul’s 13th High Criminal Court had sentenced Atalay to 18 years in prison for “aiding the attempt to overthrow the Government of the Republic of Türkiye” and ordered his detention for this crime. The Istanbul Regional Court of Justice found the local court’s decision lawful.

The 3rd Criminal Chamber of the Court of Cassation upheld the 18-year prison sentence for Atalay, who was accused of inciting rebellion and attempting to overthrow the government illegally in the Gezi Park trial.