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Asia and the Pacific
Western Asia

Türkiye - November 2023

Judicial crisis looms over release order for jailed MP

The Supreme Court of Cassation filed a criminal complaint against the Constitutional Court, claiming it “exceeded its authority” over a ruling ordering the immediate exoneration of a jailed opposition MP. In response, opposition parties and legal experts, including the Union of Turkish Bar Associations, have accused the Supreme Court of Cassation of staging a judicial “coup” after failing to comply with the ruling and ensuring the MP’s release. In April 2022, Worker’s Party MP and human rights lawyer, Can Atalay, was one of seven civil society leaders sentenced to 18 years in prison on charges of “assisting the overthrow of the government” for his role in the Gezi Park protests in 2013, in which Atalay served as lawyer for activist association Taksim Solidarity. Atalay applied for legislative immunity after he was elected to Parliament in May 2023. On 25 October, the Constitutional Court found that Atalay's right to “personal liberty and security” and right to engage in political activities had been violated. President Recep Tayyip Erdogan has criticized the Constitutional Court’s decision and called for a new constitution.

Sources: Balkan Insight (1), Balkan Insight (2), Al Jazeera, Bianet (1), Bianet (2), Haber Turk, Amnesty International

Primary categories and factors
Rights 0 Rights  (0)
Rule of Law -1 Rule of Law  (-1)
Judicial Independence
Predictable Enforcement
Secondary categories and factors
Rights 0 Rights
Access to Justice
Rule of Law -1 Rule of Law
Personal Integrity and Security

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