Atalay’s Case Submitted to Supreme Court
Istanbul 13th High Criminal Court has completed its evaluation and sent the file regarding the decision of the Constitutional Court to the Supreme Court of Appeals Chief Public Prosecutor’s Office. The Constitutional Court had ruled on October 25 that the “right to be elected” and “personal freedom and security” rights were violated in the case of Can Atalay and ordered the elimination of these violations.
Can Atalay had been sentenced to 18 years in prison on April 25, 2022, in the Gezi case. The appeal application was rejected by the 3rd Criminal Chamber of the Istanbul Regional Court of Justice. Can Atalay, who was elected as a member of parliament on May 14, 2023, had filed a stay order and a request for release in accordance with Article 83 of the Constitution. However, this request was rejected on July 13, 2023. Can Atalay then made an individual application to the Constitutional Court after the objection to the rejection was definitively rejected by the 4th Criminal Chamber of the Supreme Court of Appeals on July 17, 2023.
While the individual application was under review, the 3rd Criminal Chamber of the Supreme Court of Appeals approved the conviction on September 28, 2023. The decision of the Constitutional Court to eliminate rights violations was sent to the court on October 25, 2023. However, it was clarified that this violation decision is not related to the court decision. It was stated that the violation decision is related to the rejection of the release request by the relevant Criminal Chamber of the Supreme Court of Appeals, and the violation arose from this Chamber’s decision. Therefore, the file has been sent to the Chief Public Prosecutor’s Office for a new evaluation by the 3rd Criminal Chamber of the Supreme Court of Appeals.
