Monitoring
Can Atalay Constitutional Court decisions and Court of Cassation/TBMM process
Tracks the constitutional dispute around Constitutional Court individual-application decisions for lawyer and Hatay MP Can Atalay, the Court of Cassation 3rd Criminal Chamber's non-compliance stance, and the TBMM process that removed his parliamentary seat.
Opinion distribution
DetailsWas the non-implementation of the Constitutional Court's violation decisions for Can Atalay lawful?
Results by decision
Timeline
- May 14, 2023Other
Can Atalay was elected Hatay MP
Can Atalay was elected as a Hatay member of parliament in the May 14, 2023 general election.
- Oct 25, 2023Decision issued
The Constitutional Court issued its first violation decision
The Constitutional Court held that Atalay's rights to be elected, engage in political activity, and personal liberty and security were violated.
- Nov 8, 2023Decision issued
Court of Cassation 3rd Criminal Chamber did not comply with the Constitutional Court decision
The Court of Cassation 3rd Criminal Chamber decided not to comply with the Constitutional Court's Atalay decision and to file a criminal complaint against Constitutional Court members.
- Dec 21, 2023Decision issued
The Constitutional Court issued its second violation decision
After its earlier decision was not implemented, the Constitutional Court also found a violation of Atalay's individual-application right.
- Feb 22, 2024Decision issued
The Constitutional Court found no need to rule on the parliamentary-seat removal
The Constitutional Court said the situation created by reading the Court of Cassation letter in the TBMM General Assembly was a legally nonexistent factual situation.