T24 International News – Leipzig / Germany
The lawyer who was sentenced to 18 years in prison in the Gezi Case, but was not released despite the decisions of the Constitutional Court, after being elected as a Hatay deputy by the Turkish Workers‘ Party (TİP). Can Atalay A press release was made in Leipzig, Germany on the occasion of the first anniversary of his imprisonment. The statement said, „Justice cannot enter parliament where Can has no access.“
The lawyer translated the Turkish version of the press release with the signature „Can’s Friends from Leipzig“ at Leipzig’s Augustusplatz. Yusuf Akşeker Read it.
In his statement, Akşeker reminded that today is the second year of Can Atalay’s imprisonment, and said that Atalay has been unjustly held in prison for two years. We are here to welcome him from another country and demand the immediate release of our friend, who is trying to cling to the wings of dying justice, as well as the return of his parliamentary certificate.“ he said.
Akşener, along with Can Atalay, Çiğdem Mater, Mücella Yapan, and Osman Kavala stated that they had gathered to defend those who defend the rights of the city and society, and said that these people „support nothing but the truth.“
„The Constitutional Court’s decision on Can Atalay was violated by the courts mentioned „
Akşeker continued his statement by saying:
„To recognize the rights and freedoms that humanity has acquired through a thousand-year struggle against those who govern them and to protect them effectively when needed, the principle of separation of powers and powers has been adopted all over the world. The means granted to the state were distributed to different, independently acting bodies.
With constitutions, which are considered a social consensus document above the law, the rights and freedoms of everyone were recognized, with the acceptance and consent of the citizens themselves, not the representatives, and then this definition was considered insufficient and the need to protect our rights and freedoms against political powers proved necessary. For this reason, constitutional courts were established as the most active protection mechanism. It is clearly written in the constitutions that the decisions of the constitutional courts are binding for all institutions and individuals in society, including other courts, parliaments, governments, and administrative institutions, and that everyone must comply with these decisions and fulfill their requirements.
In this case, the Constitutional Court’s decision on Can Atalay was violated by the courts that are primarily expected to comply with the constitution, the law, rights, and justice, despite the clear and explicit order of the Constitution of the Republic of Turkey, no decision has been submitted in this matter, the decision has not been followed, and the requirements have not been met.
„Accepting the actual situation means being willing to evade legal guarantees.“
„The imprisonment of lawyer Can Atalay, who was elected as a deputy in the parliamentary elections on May 14, 2023, continues despite the violation of rights and the release decision of the Constitutional Court. To accept this factual situation means to waive our rights and protect our constitutionally guaranteed rights, without the guarantee of the law.“ It means to agree.
For all these reasons, it is a vital issue for our future to set aside the different views and differences between us and protect the constitution and our constitutional rights, which are the basis of our common life today. „Each of us must be aware of our responsibility and make our reaction and voice heard through legal means wherever we can, in every way and wherever we can.“
„We know Can from the Soma and Ermenek cases and from his respect for the memory of Bitmez.“
„We know Can not