Can Atalay’s conviction finalized, says justice minister

ANKARA

A judiciary saga over the top appeals court’s persistent defiance of the Constitutional Court’s rulings in the case of jailed MP Can Atalay has prompted Justice Minister Yılmaz Tunç to recall that the lawmaker’s original “conviction is already finalized.”

“There is a finalized verdict issued by the Court of Appeals,” the minister told a group of journalists after attending a workshop in Istanbul yesterday.

Tunç said the crime for which the deputy is being tried falls outside the realm of immunity, as the investigation predates his election.

Atalay, a Workers’ Party of Türkiye (TİP) lawmaker elected to parliament in last May’s twin parliamentary and presidential elections, was sentenced to an 18-year prison term in 2022 in connection with the 2013 Gezi Park protests.

The appeals court upheld the verdict last year. The decision further suggested that Atalay should have received aggravated life imprisonment.
“The last decision is the Court of Appeals’ decision. It is possible to see the decision’s reasoning when you read,” Tunç said.

“This final judgment is now on the agenda of the TBMM [Turkish parliament].”

In response the top court’s dual rulings, declaring Atalay’s imprisonment a violation of his “right to be elected” and his “personal freedom and security,” the Court of Appeals’ refused to comply with the decision. It also filed a criminal complaint against justices who favored Atalay’s release order.