Özel: 'We have sworn not only for Atalay's freedom, but also to uphold the Constitution'

CHP Chairman Özgür Özel, who strongly reacted to the Court of Cassation 3rd Criminal Division's failure to comply with the Constitutional Court's (AYM) violation decision regarding Can Atalay's personal application and the filing of criminal complaints against the AYM members who made the decision, announced the decisions and attitudes they have taken after an extraordinary group meeting in the Parliament.

Özel summarized the decisions of the party group as follows: "This will inevitably becom e a public issue. Whether we like it or not, the world will see this absurdity in Turkey. [...] We have sworn not only for Atalay's freedom, but also to uphold the Constitution. We will do whatever it takes to suppress any coup attempt in order to uphold this Constitution. We call on the people to resist. We call on all parliamentary groups to resist. We invite all academics and legal experts to voice their reactions on this issue. Today is the day to resist against those trying to undermine the Constitution. We support any reaction that comes from our organization and the civil society. From now on, we stand with civil society. CHP members and MPs will be where they should be, against the resistance of the people, in the streets and squares. We will resist and not submit to this injustice."

Attempt to undermine the constitutional order

The CHP Chairman evaluated how the process has reached this point: "I have a decision made by the Court of Cassation 3rd Criminal Division in my hand. This decision is not up for debate. It's not just any decision; it's a blatant coup attempt. Now, after our assessment of what this coup attempt means, who it's against, and what consequences it will have, I want to share how the main opposition party plans to resist.

Firstly, the issue is, of course, the decision to resist the verdict regarding Can Atalay's right to stand for election and be elected. It's a decision that victimizes Can Atalay. However, the targets of this decision are not limited to Can Atalay. The Can Atalay decision is an example of disregarding the constitution, resisting the constitution, undermining the constitutional order, and a direct coup attempt. Through the hand of the Court of Cassation."

"The decision is not only against Can Atalay but also attempts to challenge the people of Hatay, all voters in Turkey, the institutional structure of the Grand National Assembly (parliament) of Turkey (TBMM), the decisions made by TBMM President Nuran Kurtulmuş in his role as the 'Speaker', and individually intimidate the members of the Constitutional Court, while seeing themselves as superior to the Parliament, the Parliament's Speaker, and the national will. The decision is an attempted coup against the Parliament. It is an attempted coup against the Constitution. And the decision is an attempted coup against the legal personality of the Constitutional Court."

Crisis within the People's Alliance

"It appears that while the elephants are clashing, the grass gets trampled, but the conflict between the Constitutional Court and the Court of Cassation goes far beyond the infringement of Can Atalay's rights. The real clash is within the People's Alliance, where its own components are at odds with each other."

"We call on the people to suppress this uprising"

"This crisis is the crisis of the People's Alliance. It is a crisis between the Nationalist Movement Party (MHP) and the Justice and Development Party (AKP). It is a conflict crisis within the AKP itself, with cliques inside the party at odds. It is a serious crisis where some supported and pampered by a component of the AKP and the People's Alliance is causing a judicial and state crisis in the Republic of Turkey. It is necessary to intervene and resist this. We call on the people to suppress this uprising."

Özel had also made a post on the social media platform X (formerly Twitter) before the group meeting, where he described the Court of Cassation decision as an "attempt to subvert the constitutional order" and called for it to be "immediately suppressed."

What happened?

The Court of Cassation did not comply with the Constitutional Court's decision, which ruled that the rights of TİP Member of Parliament Can Atalay were violated and that he should be released. Instead, they filed criminal complaints against the Constitutional Court members who signed the Can Atalay decision, alleging that they "violated the constitution and exceeded their judicial authority."

The 3rd Criminal Division also wrote a letter to the Grand National Assembly (TBMM), claiming that if Can Atalay's parliamentary membership is not revoked, it will open the way for the entry of FETÖ and PKK leaders with red notices, such as Fethullah Gülen and Murat Karayılan, into the TBMM. (AEK/PE)