A Turkish court on Wednesday denied the release of opposition Turkish Workers’ Party (TIP) lawmaker Can Atalai, defying a Constitutional Court ruling. Last Thursday, the Constitutional Court had ordered the release of Atalai, ruling that his rights to “liberty” and “personal security” were not respected, while the right to vote and political action was also violated.

The Criminal Court of Istanbul, which examined the case yesterday, refused to release Can Atalai, referring the case to the Court of Annulment.

“The 13th Criminal Court of Istanbul unanimously referred the case, once again, to the 3rd Criminal Division of the Court of Cassation. This is a constitutional crime,” said Erkan Bas, head of the Workers’ Party of Turkey, an ally of the pro-Kurdish HEDEP.

Atalai, 47, was elected to parliament last May despite serving an 18-year prison sentence. He is one of seven convicted last year, along with Macedonian philanthropist Osman Kavala, of attempting to overthrow the government, on charges of funding anti-government protests in Gezi Park in 2013.

All those convicted had denied the charges, arguing that the anti-government protests had escalated spontaneously and become the biggest challenge President Erdogan has faced to date.

Last month the Supreme Court of Appeal not only refused to implement the Constitutional Court’s ruling, but its prosecutor filed a petition against the Constitutional Court judges, arguing that their verdict in favor of the MP’s release was unconstitutional.

President Recep Tayyip Erdogan said the unprecedented crisis in Turkey’s judicial institutions could be resolved through a legislative amendment approved by parliament.