The Constitutional Court, supposed to be the supreme body of the country, and the Court of Cassation are battling over the case of a Worker’s Party deputy, who is also a lawyer.
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Can Atalay is imprisoned and was sentenced to 18 years in prison for attempting to overthrow the government during the Gezi Park uprising. He was judged alongside patron Osman Kavala. Both denounce a political trial and fabricated evidence. Seized of his case, the Constitutional Court considered that his rights had been violated and that he should be released. But on November 8, the Court of Cassation, although required to apply this decision, refused and went further: it opened a front by filing a criminal complaint against the constitutional judges who had supported the request for release.
The opposition and lawyers denounce a judicial coup. A vigil is underway at Parliament. But President Erdogan could not resist entering the arena. He denounces the Constitutional Court, which he says has made one error after another. Its allies, particularly on the far right, are calling outright for changing the Constitution.
Political ulterior motives
As is often the case in Türkiye. President Erdogan makes no secret of his wish to change the Constitution, inherited from the military coup of 1982 and which he has already amended to create the post of President of the Republic and establish his authority. This time he intends to add so-called “family protection” articles, to clarify that marriage is the union of a man and a woman and to further reduce, his detractors fear, women’s rights.
But, even if he dominates Parliament, the Turkish president does not have the support necessary to do so, either by referendum or by amendment. Some believe that this crisis is anything but trivial. Since he cannot legally amend the Constitution, the president would attempt to bring the Court under his control by disavowing the constitutional judges and forcing them to resign.
The newspaper very close to the government Yeni Safak also published the photos and names of the constitutional judges who voted in favor of the MP’s release. An initiative perceived as a threat to show them the exit