18 Dec Unprecedented constitutional crisis unfolds in Turkey

The recent constitutional crisis in Turkey has triggered widespread reactions from bar associations, legal professionals, and political figures. This crisis emerged when a lower-ranking appeals court filed an unprecedented criminal complaint against Supreme Court judges who had ruled on the release of Can Atalay, a Turkey’s Workers Party (TIP) parliamentarian. The ensuing events have led to demonstrations, marches, and legal actions across the country.

Can Atalay, representing the southern province of Hatay, has been in custody since April 2022, charged with “assisting the overthrow of the government” during the 2013 Gezi Park protests—the largest protests against President Recep Tayyip Erdogan’s administration. The Supreme Court, on October 25, 2023 ruled that Atalay’s imprisonment violated his rights “to be elected” and “to have personal freedom and security.”

Contrary to the Supreme Court’s ruling, the local court, which initially charged Atalay, took the case to the Court of Cassation, the nation’s highest appeals court. In a move that has raised concerns about the constitutional order, the Court of Cassation responded by filing a criminal complaint against nine Supreme Court judges involved in the Atalay case. This action has sparked immediate uproar, with opposition politicians and legal professionals expressing strong objections. In response to the crisis, opposition parties have initiated a “justice watch” campaign, with parliamentarians refusing to leave the parliament until the issue is brought to the floor for discussion. 

The legal community, exemplified by bar associations across Turkey, has mobilized through demonstrations and marches, highlighting the gravity of the situation. Opposition leaders, including the head of TIP and Republican People’s Party (CHP) newly elected chair, have characterized the Court of Cassation’s actions as a “judiciary coup attempt.” The demand for parliamentary intervention and a thorough examination of the constitutional implications of the lower court’s actions underscores the urgency of addressing this constitutional crisis. In addition, several regional bar groups have brought criminal charges against the Court of Cassation for failing to follow the ruling of the Supreme Court.

The unfolding constitutional crisis in Turkey, marked by the unprecedented legal actions against Supreme Court judges, demands careful consideration and urgent resolution. The intersection of legal and political dimensions underscores the challenges faced by the Turkish judicial system in maintaining its independence and upholding the principles of justice. The ongoing developments will undoubtedly shape the trajectory of Turkey’s legal and political landscape in the days to come.