Can Atalay’s lawyers take case to European Court of Human Rights over ignored Constitutional Court ruling
Lawyers representing jailed Turkish Workers’ Party (TİP) MP Can Atalay have taken his case to the European Court of Human Rights (ECHR) after Turkish authorities failed to comply with a ruling by the Constitutional Court that called for his immediate release. The ECHR has referred the case to Turkey, questioning why the ruling was not enforced.
The Turkish Constitutional Court had previously ruled that Atalay's right to run for and be elected to office was violated and that he should be released immediately. However, the 3rd Criminal Chamber of Turkey’s Court of Cassation rejected the implementation of the ruling, prompting Atalay’s legal team to argue that his rights to personal liberty and security, a fair trial, the principle of legality in criminal matters, freedom of expression, and freedom of assembly and association had been violated. They also accused Turkey of violating the prohibition of abuse of rights under international law, submitting the case to the ECHR on April 16, 2024.
On August 27, 2024, the ECHR formally communicated the case to Turkey, specifically highlighting the Constitutional Court’s ruling and referencing the ongoing "Gezi Park Trial," which also involved prominent Turkish activist Osman Kavala. The ECHR asked Turkey whether the failure to release Atalay violated his rights to a fair trial, effective legal remedy, and the right to stand for election.
The case will be reviewed by the ECHR once Turkey submits its response. Turkey is already under scrutiny from the Committee of Ministers of the Council of Europe for its refusal to implement ECHR rulings in other high-profile cases, including those of Osman Kavala and Kurdish politician Selahattin Demirtaş.
Background
Can Atalay was sentenced to 18 years in prison in 2022 by the 13th High Criminal Court in Istanbul in connection with the Gezi Park protests, a series of nationwide demonstrations that took place in 2013. The verdict was upheld by an appeals court in December 2022, and the case was sent to the Court of Cassation.
In May 2023, Atalay was elected as an MP for Hatay under the TİP party in Turkey’s parliamentary elections. Following his election, Atalay petitioned for his release, citing parliamentary immunity, but his request was denied by the 3rd Criminal Chamber of the Court of Cassation in July 2023, which argued that immunity did not apply to crimes against the state. Atalay’s legal team then appealed to the Constitutional Court.
Although the Constitutional Court ruled in October 2023 that Atalay’s electoral rights had been violated and ordered his release, the Court of Cassation refused to implement the ruling in November 2023. In a subsequent decision in December, the Constitutional Court reiterated its position, calling the Court of Cassation's refusal a violation of Turkish law. Nevertheless, the Court of Cassation reaffirmed its decision in January 2024, deepening the legal standoff, which has since been referred to as a "constitutional crisis."
Atalay’s parliamentary mandate was revoked on January 30, 2024, following the reading of the Court of Cassation’s ruling in the Turkish Parliament.
