Appeals court once again defies top ruling in jailed MP case
ANKARA
The Court of Appeals has once again chosen to defy the Constitutional Court's second ruling against the continued imprisonment of Workers' Party of Türkiye (TİP) lawmaker Can Atalay.
The third criminal chamber of the high court declared that the Constitutional Court's ruling, which affirmed a violation of rights in Atalay's case, holds "no legal value," while also terming the decision a "juristocratic act."
The decision comes after the top court just last week reiterated its finding of rights violations in Atalay's case. The imprisoned MP, who received an 18-year sentence in connection with the 2013 Gezi Park protests, had lodged an appeal following the Court of Appeals' refusal to adhere to the initial violation ruling, setting the stage for an unprecedented legal clash.
The Istanbul court handling the matter had forwarded the case to the criminal chamber, arguing that the violation ruling wasn't pertinent to the local court's decision. This maneuver further complicates an already convoluted legal battle.
The core of the conflict lies in the continuing incarceration of Atalay, despite his securing a parliamentary seat in the southern earthquake-hit province of Hatay in the May polls. The Constitutional Court, in its assessment, found his imprisonment to be in violation of his "right to be elected" and his "personal freedom and security."
However, the Court of Appeals' rejection to comply with this decision has ignited an unparalleled legal feud.
