Major crisis between Turkey’s Constitutional Court and Court of Cassation escalating

A major crisis is escalating between the Constitutional Court and the Court of Cassation in the Turkish judiciary. The Court of Cassation refused to recognize the second “violation of rights decision” issued by the Constitutional Court regarding detained Member of Parliament Can Atalay.

The 3rd Criminal Chamber of the Court of Cassation ruled against complying with the Constitutional Court’s second violation of rights decision concerning Can Atalay, the Member of Parliament from the Turkey Workers’ Party (TİP) representing Hatay. The decision stated that the Constitutional Court’s ruling had “no legal value.”

“BLOW AGAINST LEGAL ORDER?”

In response to the Court of Cassation’s decision, Can Atalay’s lawyer, Özgür Urfa, described it as a “blow against the legal order” in a statement to the Turkish media. CHP Group Deputy Chairman Ali Mahir Başarır commented on the matter, saying, “This decision by the Court of Cassation undermines the principle of separation of powers. It is a clear blow to the “will of the Parliament”, that is, the will of the people. It is an attempt to adjust the Republic of Turkey Constitution.”

CONSTITUTIONAL COURT ISSUES VIOLATION OF RIGHTS DECISION FOR THE SECOND TIME

Last week, the Constitutional Court had issued a second violation of rights decision regarding Atalay and sent the reasoned decision to Istanbul 13th Heavy Penal Court. The Constitutional Court had ruled that Can Atalay’s “right to be elected and engage in political activities, as well as personal freedom and security” were violated after he was sentenced to 18 years in the Gezi Park case and later elected as a Member of Parliament from Hatay on May 14.

COURT OF CASSATION SAYS RULING OF CONSTITUTIONAL COURT HAS NO LEGAL VALUE

The Constitutional Court unanimously decided to award Atalay 100,000 TL in moral damages, suspend the enforcement of the conviction, and order his release, sending the decision to Istanbul 13th Heavy Penal Court for implementation. Istanbul 13th Heavy Penal Court had forwarded the file to the Court of Cassation for a decision.