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Court of Cassation 3rd Criminal Chamber non-compliance decision

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 judgment and to file a criminal complaint against Constitutional Court members.

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.