Breaking News: Can Atalay’s Statement from the Constitutional Court
Constitutional Court announces decision on detained MP Can Atalay’s rights
The Constitutional Court has released its reasoned decision regarding the violation of the rights of detained MP Can Atalay for the second time. In a statement, the court emphasized that no authority has the power to examine and control whether a decision made by the Constitutional Court regarding the violation of a fundamental right and freedom is in compliance with the Constitution or the law.
The statement issued by the Constitutional Court for Can Atalay noted that the authority to make definitive and binding decisions on the conformity of actions, transactions, and omissions of public power with the Constitution exclusively belongs to the Constitutional Court. Therefore, when the Constitutional Court determines that a fundamental right and freedom has been violated through individual application, no other authority has the right to examine and supervise whether this decision complies with the Constitution or the law.
The process, which began with the first instance court sending a file within its jurisdiction to the Supreme Court, and was shaped by a decision made by the Supreme Court that ignored the provisions of the Constitution, was deemed to be clearly contrary to the wording of the Constitution. As a result, the applicant’s right to individual application, the right to be elected and to engage in political activity, and personal freedom and liberty were violated, resulting in a violation of the right to security.
This decision by the Constitutional Court sheds light on the importance of upholding fundamental rights and freedoms and the authority of the Constitutional Court to ensure their protection. It serves as a reminder of the crucial role the court plays in safeguarding the rights of individuals within the legal framework of the country.
