Top court reiterates violation of jailed MP's rights amid judicial row

ANKARA

In a continued saga of legal disputes, the top court has once again declared a violation in the case of imprisoned Workers' Party of Türkiye (TİP) MP Can 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."

However, the Supreme Court's failure to comply with this decision has ignited an unparalleled legal feud.

Atalay, who received an 18-year prison sentence last year in connection with the 2013 Gezi Park protests, has remained in detention despite the Constitutional Court's initial ruling in favor of his rights.

The latest decision from the top court yesterday reiterates the violation of Atalay's identical rights. Notably, the ruling was not unanimous, with three dissenting votes opposing the majority decision.

The Constitutional Court's first violation decision, which was published in the Official Gazette on Oct. 27, called for a retrial, Atalay's release from prison and the termination of his convict status.

However, the relevant Istanbul court's decision to forward the case to the Supreme Court, asserting it was unrelated to their jurisdiction, prompted a reaction from Atalay, a lawyer, who decried the move as irregular.

The third criminal chamber of the Supreme Court, in a significant move, even went as far as filing a criminal complaint against the justices who favored the decision. It accused the top court judges of "judicial activism" and forwarded the verdict to the Turkish parliament with a request to initiate proceedings for Atalay's removal from his seat.