The Release of Can Atalay: A Long Overdue Ruling by the Turkish Court

The Turkish Constitutional Court Rules in Favor of Can Atalay’s Release

A Long-awaited Decision Upholding Justice

The Turkish Constitutional Court has ruled today that the continued detention of Can Atalay, a member of the Turkish parliament, is a violation of his rights. In response to this ruling, Amnesty International’s Research Director in Europe, the Balkans, and Türkiye, Dinushika Dissanayake, welcomed the decision and emphasized that Atalay should have never been imprisoned in the first place. Dissanayake also labeled Atalay as a prisoner of conscience and called for the immediate and unconditional release of Atalay and the four others held unjustly in the politically motivated Gezi trial.

A Grossly Unfair Trial

Can Atalay has been held in custody since April 25, 2022, on the groundless charge of “assisting the overthrow of the government.” Atalay, who acted as the lawyer for Taksim Solidarity and the Istanbul Chamber of Architects during the Gezi Park protests in 2013, has been a prominent figure in challenging impunity for killings in several high-profile cases, including the Soma coal mine explosion in 2014 and the Çorlu train derailment in 2018. Despite being elected as a Member of Parliament for the province of Hatay in May 2023, Atalay’s appeal for release was denied by the Court of Cassation in July of the same year.

The Gezi trial that has led to the imprisonment of Atalay and the four others has been widely criticized for its unfairness and political motivation. Amnesty International’s Research Director rightly highlights the absence of any criminal acts on the part of the defendants and the gross injustice they have been subjected to. The European Court of Human Rights has previously ruled twice in favor of the release of Osman Kavala, one of the detainees in the case, further underscoring the flawed nature of the trial.

A Confirmation of Established Caselaw

Today’s ruling by the Turkish Constitutional Court is a resounding confirmation of what was already known – the violation of Atalay’s right to liberty. However, it is disappointing that such a decision has been long overdue. The delay in providing justice to Atalay and the continued detention of prisoners of conscience raises questions about the state of the Turkish judicial system and its commitment to upholding human rights.

In rejecting the appeals of Can Atalay and the other prisoners of conscience, the Court of Cassation has ignored established caselaw. The Constitutional Court’s ruling today serves to reestablish the jurisprudence set forth in previous judgments related to imprisoned Members of Parliament. It is essential that the Turkish judiciary consistently applies these principles to safeguard the fundamental rights and liberties of all individuals within its jurisdiction.

An Urgent Call for Immediate Release

Ending the Gross Injustice

Having established the violation of Can Atalay’s rights, the Turkish Constitutional Court’s ruling must be promptly implemented. The continued detention of a member of parliament, particularly one who has been elected by the people, undermines the principles of democracy. Atalay’s situation serves as a reminder of the importance of protecting the rights and freedoms of elected representatives, who are essential in upholding the interests of their constituents.

Furthermore, the imprisonment of Atalay and the other prisoners of conscience is a clear violation of their right to freedom of expression and peaceful assembly. Their detention sends a chilling message to civil society and dissuades others from challenging impunity and seeking justice.

International Pressure and Advocacy

The international community, including human rights organizations, must continue to exert pressure on the Turkish authorities to ensure the immediate and unconditional release of Can Atalay, Osman Kavala, Ciğdem Mater, Tayfun Kahraman, and Mine Özerden. Advocacy efforts should aim to expose the injustices of the Gezi trial and the erosion of democratic principles in Turkey.

The Role of the European Court of Human Rights

The European Court of Human Rights has already ruled twice in favor of the release of Osman Kavala, and it is essential that its decisions are respected and implemented by the Turkish government. The Court’s scrutiny and intervention play a vital role in upholding human rights standards when national courts fail to do so. The Turkish government must comply with the European Court’s rulings and release these individuals without further delay.

Conclusion

The Turkish Constitutional Court’s ruling in favor of Can Atalay’s release provides a glimmer of hope for justice. Nevertheless, the delay in reaching this decision highlights significant flaws in the Turkish judicial system and its commitment to upholding human rights. The continued detention of prisoners of conscience, like Atalay and the others involved in the Gezi trial, must be ended immediately and unconditionally. The international community and human rights organizations must continue advocating for their release and pressuring the Turkish government to uphold its obligations to respect and protect human rights. Only through such concerted efforts can justice be truly served and the erosion of democratic principles be halted.

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