Court of Appeals violates constitution in jailed MP case: Top court

ANKARA

The Constitutional Court has released the detailed ruling behind its decision to order the release of jailed lawmaker Can Atalay after ruling twice on violations of his rights, noting that the Court of Appeals violated the constitution by acting beyond the jurisdiction of the top court.

In a continued saga of legal disputes, the top court on Dec. 21 once again declared a violation in the case of imprisoned Workers' Party of Türkiye (TİP) MP Atalay in the wake of the lawmaker's appeal against the Supreme Court's refusal to adhere to the prior violation ruling.

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."

"The Court of Appeals has made a decision that does not exist in Turkish law" by failing to comply with the release decision, the Constitutional Court said in its statement late on Dec. 26.

"The process, which started when a local court sent a file within its jurisdiction to the Court of Appeals, and which was shaped by a decision of the Court of Appeals by ignoring the provisions of the constitution, clearly contradicted the word of the constitution and ultimately led to a violation of the applicant's right to individual application, the right to be elected and to engage in political activity and the right to personal liberty and security,” the statement said.

The statement also reminded that the Constitutional Court decisions are binding in all courts.