Atalay case sent to Supreme Court despite top ruling

ANKARA

An Istanbul criminal court has sent the case file of imprisoned Workers' Party of Türkiye (TİP) lawmaker Can Atalay, linked to the 2013 Gezi Park protests, to the Supreme Court despite a recent Constitutional Court ruling declaring violations of rights.

Just last week, the top court ruled that Atalay's "right to be elected" and "personal freedom and security" rights were breached. The decision was widely anticipated to lead to Atalay's release.

However, the local court opted to forward the case file to the Supreme Court's Chief Public Prosecutor's Office.

The court's decision clarified that the Constitutional Court's rights violation decision on Oct. 25 was not directly related to the local court's decision. Instead, it pertained to the rejection of the release request by the Supreme Court's relevant criminal chamber.

Should the high court accept the file, it will be required to review the Constitutional Court's violation decision and make a determination on the matter.

There remains a possibility that the case could be returned to the local court. If the violation decision is not implemented, it might necessitate a fresh individual application to the top court.

Following the decision, TİP leader Erkan Baş made a statement in front of Çağlayan Courthouse, emphasizing, "The relevant court must convene and adhere to the requirements of the Constitutional Court decision. However, this persistent violation of rights continues to escalate."

Atalay, sentenced to 18 years in prison last year in connection with his involvement in the nationwide protests, was elected to the parliament in the May elections from the earthquake-hit Hatay province but remained in detention.

Erkan Baş had initiated a protest march from the southern province of Hatay to the capital Ankara, protesting the continued detention of the TİP deputy.