Appeals court head acknowledges 'deep disagreements' with top court
AFYONKARAHİSAR
The Court of Appeals chief Mehmet Akarca admitted to "longstanding differences of opinion" between his high court and the Constitutional Court, following a judiciary saga over the persistent defiance of the latter's rulings in the case of jailed MP Can Atalay.
During a visit to the governor's office in Afyonkarahisar on Jan. 5, Akarca responded to a journalist's question by acknowledging the deep-seated disagreements, stating, "This is not a problem with the Constitutional Court that has arisen only in relation to the latest case. It is a fact that we have had serious and deep disagreements with the Constitutional Court for about five or six years."
This disagreement stems from the difference of interpretation in the examination of the individual application procedure, he elaborated.
The case in question involves Can Atalay, a Workers' Party of Türkiye (TİP) deputy elected to the parliament in the twin parliamentary and presidential elections held last May. The deputy was sentenced to an 18-year prison term in 2022 in connection with the 2013 Gezi Park protests.
In response to the Constitutional Court’s dual rulings declaring Atalay’s continued imprisonment a violation of his “right to be elected” and his “personal freedom and security,” the top appeals court refused to comply with the decision. It also filed a criminal complaint against justices who favored the lawmaker's release order.
