Decision of the Court of Cassation's 3rd Criminal Chamber not to comply
Court of Cassation 3rd Criminal Chamber · Nov 8, 2023
ContestedConstitutional response issuedIn effect
Decision summary
The chamber decided not to comply with the Constitutional Court's judgment and to file a criminal complaint against members of the Constitutional Court.
Outcome: Atalay was not released, creating an open crisis between constitutional and ordinary criminal adjudication.
Legal effect: The decision raised a central public-law question about the binding force of Constitutional Court individual-application judgments.