26.02.2026 14:33
The President of the Constitutional Court, Kadir Özkaya, responded to a question from the press regarding Can Atalay. Özkaya stated, "I have signed two decisions that express that the prosecution of Can Atalay as a member of parliament is subject to special procedure and that the trial should be suspended as long as he retains his status as a member of parliament, within the framework of the interpretation of Articles 14 and 83 of the Constitution."
Constitutional Court President Kadir Özkaya met with the Ankara representatives of the press at an iftar dinner at the Ankara Provincial House. Özkaya answered questions from the press members regarding Selahattin Demirtaş and Can Atalay. Stating that they do not have the authority to implement the violation decision given by the European Court of Human Rights regarding Selahattin Demirtaş, Özkaya said that the case for the closure of the HDP is technically nearing its end.
RESPONSE TO THE QUESTION ABOUT CAN ATALAY
When asked about the evaluations regarding the "non-implementation of the violation decisions given by the Constitutional Court and the European Court of Human Rights (ECHR) regarding Can Atalay, who lost his parliamentary seat, and former HDP Co-Chair Selahattin Demirtaş," Özkaya recalled that the Constitutional Court has made 3 decisions regarding Atalay.
Reminding that he expressed his judicial opinion in these decisions as a member of the Constitutional Court, Özkaya said, "I have signed two decisions stating that Can Atalay's prosecution as a member of parliament is subject to special procedure and that the prosecution should be suspended as long as he retains his status as a member of parliament within the framework of the interpretation of Articles 14 and 83 of the Constitution."
"WE DO NOT HAVE THE AUTHORITY TO ENSURE THE IMPLEMENTATION OF ECHR DECISIONS"
Özkaya stated that as the Constitutional Court, they examine the essence of the applications made regarding the non-implementation of the violation decisions given by the ECHR and that they issue violation decisions if they determine that the requirements of the violation decision have not been fulfilled. He said, "We do not have the authority to ensure the implementation of the violation decisions of the European Court of Human Rights. Therefore, our evaluations on this issue can also be interpreted differently. For this reason, I think it would be more appropriate to make evaluations with our decisions in such matters."