Top court rules in favor of jailed TİP MP

ANKARA

Türkiye's top court has ruled in favor of Can Atalay, the imprisoned lawmaker from the Workers' Party of Türkiye (TİP), declaring a "violation of rights in terms of the right to be elected and the right to personal liberty and security" in his case related to the 2013 Gezi Park protests.

The decision was made following an individual application by Atalay's lawyers and comes after the rejection of his request for release and suspension of the trial against him.

Atalay, who was sentenced to 18 years in prison last year in connection with his involvement in the nationwide protests, was elected to the parliament in the May elections from the earthquake-hit Hatay province.

The Constitutional Court's ruling stated that there was a violation of Atalay's rights to be elected and engage in political activity, as well as his right to personal liberty and security due to the continuation of the trial despite his status as an elected representative.

The top court's decision also ordered a retrial against Atalay and will be sent to the local court to rectify the consequences of the violation.

Justice Minister Yılmaz Tunç emphasized that the reasoned decision has not been announced yet and stated, "It is necessary to make a statement after seeing the reasoned decision. Of course, action will be taken in accordance with the reasoned decision."

For his part, main opposition Republican People's Party (CHP) leader Kemal Kılıçdaroğlu took to social media to express his thoughts on the decision.

"The rights violation decision given by the Constitutional Court for Hatay MP Can Atalay is of vital importance for the remaining shreds of democracy and judicial independence in our country," he tweeted. "The first instance court must immediately implement this decision, as prescribed by law, and our country must be saved from this shame."

TİP leader Erkan Baş initiated a protest march from the southern province of Hatay to the capital Ankara on Oct. 1, protesting the continued detention of Atalay. The march is set to conclude on Oct. 28 at the capital's Anıtpark, the party said.