Recently, there has been a disagreement between Turkey’s top appeals court, the Court of Cassation, and the Constitutional Court over the case of imprisoned parliamentarian Can Atalay[1][2][5][6]. The Constitutional Court ordered the release of Atalay last month, ruling that his imprisonment violated his rights to security, liberty, and the right to be elected[1][5]. However, the Court of Cassation ruled that lower courts should not heed the decision and called for a criminal investigation into the Constitutional Court members who supported the release[1][2][6]. The Court of Cassation alleged that the Constitutional Court violated the Constitution [1]. This led to the unprecedented step of the Court of Cassation filing a criminal complaint against members of the Constitutional Court[1][2]. Legal experts say the judges of the Constitutional Court can only be tried by the Supreme Criminal Court, which is the Constitutional Court itself, further complicating the situation[1]. Both the government and opposition political parties expressed concern following the complaint[1]. The situation has been described as one of the most significant legal crises in the 100 years of modern Turkey[1].
Citations:
[1] https://www.reuters.com/world/middle-east/turkeys-top-appeals-court-files-complaint-against-constitutional-court-judges-2023-11-08/
[2] https://www.france24.com/en/live-news/20231108-turkey-s-two-top-courts-go-to-war-over-jailed-politician
[3] https://www.hrw.org/news/2023/07/12/turkey-end-gezi-trial-injustice
[4] https://www.anayasa.gov.tr/en/case-law-summary/
[5] https://www.amnesty.org/en/latest/news/2023/10/turkiye-court-ruling-for-release-of-can-atalay-long-overdue/
[6] https://bianet.org/haber/ozel-we-have-sworn-not-only-for-atalay-s-freedom-but-also-to-uphold-the-constitution-287620
This is the first time Turkey’s judicial history that Court of Cassation decided against Constitutional Court.
— MLSA (@mlsaturkey) November 8, 2023
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