A landmark case in Turkey: Criminal complaint filed against Constitutional Court
An unprecedented legal battle has ensued as the 3rd Criminal Chamber of the Court of Cassation filed a criminal complaint against members of the AYM (Constitutional Court) over the decision of violation against Can Atalay, a detainee in the Gezi Park case who was elected Worker's Party of Turkey (TİP) Hatay MP.
The Court of Cassation claims that the Constitutional Court members who signed the Can Atalay verdict "violated the Constitution and exceeded their jurisdiction," sparking an escalating confrontation between the two legal entities.
Prof. Dr. Osman Can, a former Constitutional Court rapporteur and Marmara University member of the Venice Commission of the Council of Europe for the 2014-18 period, decried this development as "the collapse of the state" in a post on his social media account.
Can expressed his shock and dismay at the situation, stating, "I find it difficult to construct a sentence. The Court of Cassation accuses the Constitutional Court of exercising its constitutional authority, and criminal complaints are filed against its members. How else can we describe the collapse of the state?"