Annulment of Atalay’s MP status null and void: Top court

ANKARA

The Constitutional Court has declared the annulment of the parliamentary status of imprisoned former MP Can Atalay as null and void.

Atalay, a former MP of the Workers' Party of Türkiye, was sentenced to 18 years in prison in a case related to the Gezi Park protests in 2013. He was elected to the parliament in last May's election while in prison.

The Constitutional Court had ruled for Atalay’s release twice, saying his freedoms and rights to hold office were being violated.

Despite the top court’s ruling, the Court of Appeals decided to unseat Atalay, and the move took place on Jan. 30.

In its reasoned decision published in the Official Gazette early on Aug. 1, the Constitutional Court said that its violation decisions are not advisory or recommendatory but are binding and do not leave discretion to the authorities regarding their implementation.

“In this context, lower courts do not have discretion. Not only the courts but also other public authorities are obliged to implement the requirements of the violation decision, rectify the violation, and prevent its continuation.”

Following this decision, main opposition Republican People’s Party’s (CHP) leader Özgür Özel called for Atalay's release and the restoration of his rights.

Mehmet Uçum, the presidency's deputy head of legal policies, also addressed the issue on social media, saying that the top court “has no executive authority.”

He asserted that no relevant authority is legally obliged to act or take action based on this decision of the Constitutional Court, and there is no possibility to take action accordingly.