Politics and rule of law in Turkey: “Atalay file” sent to the Court of Cassation again

The local court, failing to implement the second violation decision of the Constitutional Court (AYM), once again sent the file to the Court of Cassation. The AYM had ruled a violation of rights in Atalay’s case and ordered his release, but the Court of Cassation had ruled against complying with the AYM’s decision.

In response, Atalay’s lawyers had taken the case back to the AYM. The AYM, discussing the application in the general assembly, unanimously issued a violation decision.

In its statement, the AYM noted that both the local court and the Court of Cassation had ‘overlooked’ the constitution. The AYM also pointed out that despite the local court’s duty to remedy the violation, the same action was taken again.

The 13th Heavy Penal Court of Istanbul, claiming that the violation decision was not related to the decision taken by the local court, sent the file back to the Court of Cassation.