Conflict in the Judiciary - Criminal Complaint Against Members of the Constitutional Court by the Court of Cassation

The 3rd Criminal Chamber of the Court of Cassation has filed a criminal complaint against the members of the Constitutional Court who issued a violation decision against imprisoned TİP (Workers' Party) Member of Parliament Can Atalay. The decision made by the Constitutional Court in favor of Can Atalay, who was elected as a Member of Parliament for Hatay from TİP in the May 14th general elections, was not recognized by the Court of Cassation.

 

The 3rd Criminal Chamber of the Court of Cassation, stating that the Constitutional Court violated the Constitution and exceeded its authority, has also filed a criminal complaint against the members of the Constitutional Court who issued a violation decision against Atalay. After being convicted in the Gezi trial and subsequently elected as a Member of Parliament, Attorney Can Atalay, against whom the Constitutional Court issued a violation decision, had his case transferred from the Constitutional Court to the local court, Istanbul 13th Criminal Court.

The court, stating that the authority to make a decision in the case lies with the 3rd Criminal Chamber of the Court of Cassation, sent the case to this chamber in recent days. According to a report from Sabah Newspaper by İlker Turak, after reviewing the case, the 3rd Criminal Chamber of the Court of Cassation ruled that its previous decision was correct and that the violation decision of the Constitutional Court should not be followed. The 3rd Criminal Chamber of the Court of Cassation, which also notified the Turkish Grand National Assembly (TBMM) to revoke Atalay's parliamentary membership, set a precedent. They also filed a criminal complaint against the members of the Constitutional Court who issued a violation decision against Atalay, stating that the Constitutional Court violated the Constitution and exceeded its authority. MHP (Nationalist Movement Party) Chairman Devlet Bahçeli's speech in Kütahya on April 29 gained attention after the decision. In his speech, Bahçeli said, "We believe that the Constitutional Court needs to be restructured. In this context, we aim for a radical reform in the court's status, organization, and trial principles, as well as the composition of its members.