Turkey: imprisoned opponent prevented from sitting in Parliament despite immunity

In Turkey, the Parliament resulting from the legislative elections of 14 May began its work a week ago. On the benches of the hemicycle, the new deputies are not 600 as expected, but 599: Can Atalay, an elected member of the opposition, is in prison. His lawyers say he should have been released as soon as he was elected under parliamentary immunity, but the Turkish government does not hear it that way.

Erkan Bas, the leader of the Workers' Party of Turkey (TIP) and colleagues place Can Atalay's portrait during the swearing-in ceremony at the Turkish Parliament in Ankara, June 2, 2023. © Umit Bektas / Reuters

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With our correspondent in Istanbul, Anne Andlauer

For the past week, it is his black and white photo that sits in his place on the orange chairs of the Turkish Parliament: Can Atalay, 47, was elected on May 14 in the general elections in the province of Hatay. The Workers' Party of Turkey (TIP) had placed him at the top of the list in the hope of getting him elected, but above all of having him released.

This famous lawyer has been detained since April 2022 in connection with the trial of the alleged "ringleaders" of Gezi, the major protest movement of the summer of 2013. He was sentenced at first instance to 18 years in prison for "attempting to overthrow the Republic".

As his conviction was not final, he had the right to stand as a candidate and released in case of victory, by virtue of the immunity provided for by the Constitution. His lawyers have therefore turned to the public prosecutor of the Court of Cassation, who must in principle ask the judges of the same court for his release. This has still not been done.

Justice Minister Yilmaz Tunç explained that the case depended on exchanges between the Court of Cassation and the Presidency of Parliament. But he also hinted that Can Atalay might not be released, on the grounds that the constitution does not provide immunity for those accused of crimes against the state.

>> READ ALSO: Elections in Turkey: political prisoners hope for the defeat of Erdogan

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  • Turkey
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