Top court to consult Court of Appeals in key cases

ANKARA

Constitutional Court head Kadir Özkaya said on Oct. 19 that the top court will now hold meetings with the Court of Appeals on cases that may significantly impact legal precedents.

The rate of the Constitutional Court's violation decisions in individual applications is around 3 percent, Özkaya told journalists during a press gathering in Ankara on Oct. 19.

"Contrary to what is claimed, it does not act as an appellate court," he said.

The announcement comes in the context of the case of Can Atalay, a lawyer sentenced to 18 years in prison for his involvement in the Gezi Park protests in 2013.

He was elected to the parliament in last May's election from the ranks of the Workers' Party of Türkiye (TİP) while in prison.

The top court had ruled for Atalay's release twice, saying his freedoms and rights to hold office were being violated. Despite the rulings, the Court of Appeals decided to unseat him, with the move taking place on Jan. 30.

Özkaya said the new approach is designed to prevent similar issues in the future.

"If the Constitutional Court will cause a change in the Court of Appeals' precedent in a decision it will now meet with the Court of Appeals on that file," he explained. "The Court of Appeals' opinion on the preliminary file will be taken."

When questioned about the status of the third application regarding the decision in Atalay's case and the individual applications concerning the Gezi protests, Özkaya said, "I cannot give a timetable, but it will not take too long."