Atalay, 47, was allowed to run from jail in May’s general election and was elected to parliament as a member of the leftist Workers’ Party of Turkey (TİP).
He was one of seven defendants sentenced last year to 18 years in prison after a controversial trial that also saw award-winning philanthropist Osman Kavala jailed for life.
In October the Constitutional Court ruled that Atalay enjoyed immunity from prosecution granted to elected lawmakers and ordered the Supreme Court of Appeals to reverse its earlier decision to keep the lawyer in jail.
But the appeals court refused to comply and filed a criminal complaint against the Constitutional Court judges who sided with Atalay.
The top court on Thursday discussed Atalay’s situation for the second time and ruled that his rights to be elected and engage in political activities guaranteed under the constitution were violated. His right to liberty and security was also violated, the court ruled.
Commenting on the decision on X, formerly Twitter, main opposition Republican People’s Party (CHP) leader Özgür Özel said Atalay’s immediate release was required by the constitution.
“To resist this decision is to ignore the constitutional order. We will continue to defend justice and the law,” he added.
AYM bugün ikinci kez, Hatay halkının vekili Can Atalay’a "seçilme hakkı" ile "kişi hürriyeti ve güvenliği" haklarının ihlal edildiği kararı verdi.
İstanbul 13. Ağır Ceza Mahkemesi’ni AYM kararını uygulamak üzere göreve çağırıyoruz.
Hatay halkının iradesini gasp etmekten… https://t.co/FJVpSe5W1d
— Tülay Hatimoğulları (@TulayHatim) December 21, 2023
Tülay Hatimoğulları, the co-chair of the pro-Kurdish Peoples’ Equality and Democracy Party (DEM), called on the İstanbul 13th High Criminal Court to implement the Constitutional Court’s decision and release Atalay.
“Stop usurping the will of the people of Hatay, implement the Constitutional Court decision! Can Atalay should not stay in prison even for one more minute! Can Atalay should be released immediately!” she said on X.