Turkish courts' dispute over jailed MP fuels rule of law concerns
World
Turkish courts' dispute over jailed MP fuels rule of law concerns
ANKARA (Reuters) - A dispute between two top Turkish courts over the case of jailed parliamentary deputy Can Atalay triggered concerns about the rule of law on Thursday, with the MP's lawyer describing an appeals court move as a "judicial coup attempt".
The top appeals court, or Yargitay, took the unprecedented step of making a criminal complaint against Constitutional Court judges on Wednesday, arguing that their ruling last month in favour of releasing Atalay was unconstitutional.
The row coincided with the European Commission's release of its annual report on Turkey's long-stalled EU membership bid, criticising its "serious backsliding" on democratic standards, the rule of law, human rights and judicial independence.
Atalay, 47, was sentenced to 18 years in prison last year after being convicted of trying to overthrow the government by organising nationwide protests in 2013, along with Turkish philanthropist Osman Kavala and six others.
All defendants denied the charges regarding the protests, which they said developed spontaneously in what was the biggest popular challenge to President Tayyip Erdogan in his two decades in power.
"The Court of Cassation (Yargitay) has committed a crime by not recognising the Constitutional Court decision. This is a judicial coup attempt," said Atalay's lawyer Ozgur Urfa.
He called for compliance with the Constitutional Court ruling and said the Yargitay appeals court judges should be put under investigation.
However, Erdogan's chief adviser Mehmet Ucum defended the Yargitay move.
"The Constitutional Court continues to make unconstitutional decisions," he said on the social media platform X, formerly known as Twitter, arguing that its decisions regarding the parliamentary immunity of convicted MPs were unconstitutional.
The Istanbul Bar Association said on Thursday it had filed a criminal complaint against the Yargitay judges involved in the case on the grounds of misconduct and "depriving a person of liberty".
The judicial clash comes at a time when the country is seeking to woo foreign investors after a U-turn in economic policy towards greater orthodoxy since the May elections.
Economy czar Mehmet Simsek and Central Bank Governor Hafize Gaye Erkan have been holding investor meetings in both Western capitals and the Middle East.
"The spat between the two courts highlights the pervasive damage caused by the politicisation of the judiciary in Turkiye and will raise renewed concerns about the rule of law in the country," said Wolfango Piccoli, co-president of political risk consultancy Teneo.
"Ankara should realise that the gradual return to economic orthodoxy is not enough to attract long-lasting international investments. Rule of law, predictability and trust are fundamental for investors and Turkiye’s record in this front was and still is miserable."
