Turkey’s top court on Thursday ruled for the second time that the rights of jailed lawmaker Can Atalay, who was elected to parliament in May, had been violated, Agence France-Presse reported.
Atalay, 47, was allowed to run from jail in May’s general election and was elected to parliament as a member of the leftist Workers’ Party of Turkey (TIP).
He was one of seven defendants sentenced last year to 18 years in prison after a controversial trial that also saw the award-winning philanthropist Osman Kavala jailed for life.
But his status sparked a judicial crisis in November when President Recep Tayyip Erdoğan accused the highest court of making repeated mistakes and defended an unprecedented criminal investigation against its judges by the Supreme Court of Appeals.
In October the Constitutional Court ruled that Atalay enjoyed immunity from prosecution granted to elected lawmakers and ordered the appeals court to reverse its earlier decision to keep the lawyer in jail.
But the appeals court refused to comply and filed a criminal complaint against the Constitutional Court judges who sided with Atalay.
TCC again held that the imprisonment of Can Atalay violates his rights to liberty and to be elected (Votes: 12-3). The court also unanimously reaffirmed binding nature of its judgments, held that defying its first judgment dated 25 October has been a violation the Constitution. https://t.co/L7HpKU275H
— Ali Yıldız (@aliyildizlegal) December 21, 2023
The Constitutional Court, which convened Thursday to discuss Atalay’s situation for the second time, ruled in a majority vote that Atalay’s rights to be elected and engage in political activities guaranteed under the constitution were violated.
His right to liberty and security was also violated, the court ruled.
Erdoğan has said the judicial standoff highlights the need for Turkey to adopt a new constitution.
However, opposition groups fear the government might attempt to eliminate the Constitutional Court with a new constitution.
