Court of Cassation: Constitutional Court's decision on Atalay has no legal value

The Court of Cassation, in a new decision regarding TIP deputy Can Atalay, said the Constitutional Court's violation decision is an example of "juristocracy" and declared it "unlawful."

The Court of Cassation ruled that the second violation decision of the Constitutional Court (AYM) regarding Turkey Labour Party (TİP) Hatay Deputy Can Atalay has no legal value, and decided not to comply with the decision.

The Chamber said that the decision by the Constitutional Court was a "juristocratic" act.

Imprisoned for one and a half year following the so-called Gezi Park trial, lawyer Can Atalay was elected an MP for TIP in last May's elections.

Atalay’s applications for his release to perform his MP duties were rejected by the courts.

In late September, the Court of Cassation, the top appeals court in Turkey, upheld the Gezi verdict, ensuring Atalay's continued imprisonment.

In response, Atalay filed an individual application with the Constitutional Court, which ruled, on 25 October, that his election rights were violated.

Instead of directly implementing the Court's verdict, however, the relevant local court referred it to the Court of Cassation, which in turn ruled that the AYM’s decision violated the Constitution and decided to file criminal complaints against its judges.

The AYM General Assembly issued a second violation decision in the Atalay file on 21 December 2023. 

Now the new smack from the Court of Cassation.