Can Atalay was born on March 24, 1976, in Istanbul. He studied at Marmara University Faculty of Law. He was involved in the democratic student youth movement. He participated in rights struggles. He became a member of the Freedom and Solidarity Party (ÖDP).

While he was a law student, he began working under Attorney Fikret İlkiz, the in-house counsel for Cumhuriyet Newspaper. He worked in the legal department at NTV. In 2007, he became the attorney for the Istanbul Branch of the Chamber of Architects. He continued in this role until he was elected to parliament.

As the chamber’s attorney, he filed numerous lawsuits defending urban rights—such as the legal challenge against the attempt to build a shopping mall in Gezi Park—and addressing violations of urban planning laws. He defended the Validebağ volunteers who were fighting against development in Validebağ Forest in Istanbul. He was among the organizers of the campaign against the demolition of Emek Cinema in Istanbul and successfully had the Gezi Park plans overturned by the Council of State. He filed lawsuits against the urban planning schemes in the Balat and Sulukule districts, as well as against the closure of the Ataköy coastline with a building wall.

He is the founder and executive member of the Social Rights Association. After the Soma Mine Disaster in 2014, which resulted in the deaths of 301 miners, he represented the Soma case and then the Ermek mine accident; in 2016, he represented the families of the victims in the Aladağ sect dormitory fire, which killed 11 children and injured 24; he represented the relatives of those who lost their lives in the Çorlu train massacre case on July 8, 2018; and represented the families of workers in the Hendek fireworks factory explosion in 2020, which killed seven workers and injured 127. He represented journalist Ahmet Şık; he participated in actions for the release of Şık's book “The Imam's Army” and its reading under the title “Touch It and You'll Burn.” He is one of the lawyers in the Cumhuriyet Newspaper Trial. He is the lawyer for the families of Berkin Elvan, Ali İsmail Korkmaz, and Ahmet Atakan, who were killed during the Gezi Resistance.

Atalay was named a defendant in the Gezi Trial, which was launched to criminalize the Gezi Resistance, Turkey’s most widespread democratic protest. The trial resulted in acquittal twice. Atalay served as a defense attorney in the first trial and as a defendant in the second. On April 25, 2022, he was sentenced to 18 years in prison by the Istanbul 30th High Criminal Court on charges of “attempting to overthrow the Government of the Republic of Turkey.”

While in prison, he delivered the opening speech at the 2022 General Assembly of the Istanbul Bar Association. The speech was read by the chair of the Istanbul Bar Association, Mehmet Durakoğlu.

In the May 2023 elections, he was nominated as a parliamentary candidate from Hatay while in prison. He was elected with 8.6 percent of the vote, receiving 76,000 votes. Despite the clear provisions of the Constitution and numerous decisions by the Constitutional Court and the Supreme Court on this matter, he was not released.

While in prison, he was nominated for the presidency of the Grand National Assembly of Turkey (TBMM). He was elected to the Grand National Assembly’s Human Rights Commission by a unanimous vote.

Can Atalay was elected to parliament before his sentence became final. According to Article 83/2 of the Constitution, legal proceedings and the enforcement of sentences against an elected member of parliament are suspended. While Can Atalay should have been released immediately and allowed to assume his legislative duties, the 3rd Criminal Chamber of the Supreme Court disregarded the Constitution and continued to keep him in prison.

The Constitutional Court ruled that the action taken was unlawful and issued a “human rights violation” decision on the grounds that Can Atalay’s legislative duties were being obstructed. Articles 138 and 153 of the Constitution state that the Constitutional Court decisions are binding on all institutions and individuals without exception. The Supreme Court and the local court failed to apply the provisions of the Constitution.

The Constitutional Court issued another “human rights violation” ruling regarding this unlawful situation. The 3rd Criminal Chamber of the Supreme Court again failed to comply. Furthermore, it ruled that the members of the Constitutional Court had exceeded their authority and should be prosecuted. The Constitutional Court had referred the Can Atalay case back to the relevant court for retrial (based on Article 6216/50). However, the relevant chamber of the Supreme Court, as if such a decision did not exist, disregarded the Constitutional Court and sent its own decision to the Grand National Assembly.

The Grand National Assembly of Turkey, which is responsible for safeguarding the Constitution, implemented the unlawful decision of the 3rd Criminal Chamber of the Supreme Court instead of enforcing the decisions of the Constitutional Court. During the 54th session of the Grand National Assembly on January 30, 2024, the presidency read aloud the letter dated January 3, 2024, and numbered E.2023/12611 from the 3rd Criminal Chamber of the Supreme Court, announcing that Can Atalay’s membership in the Grand National Assembly had been revoked.

An appeal was filed with the Constitutional Court regarding the decision to revoke Can Atalay’s parliamentary membership. The Constitutional Court ruled at the end of 2024 that “since it is legally impossible to speak of a final judgment, it is impossible for the Constitutional Court to issue a decision regarding the aforementioned factual situation.” It stated, “The Grand National Assmebly’s decision is null and void.”

Efforts were made in the Grand National Assembly of Turkey to implement the Constitutional Court’s decision. Fights broke out in the Assembly, and lawmakers were injured. Ultimately, the majority’s decision—which was contrary to the Constitution—was enforced de facto. On April 16, 2025, Gülizar Biçer Karaca, Deputy Speaker of the Grand National Assembly of Turkey, read only the operative part of the Constitutional Court’s decision dated December 21, 2023. Thus, Can Atalay’s status as a member of parliament was once again confirmed. However, the majority in the TBMM once again disregarded the legal situation in favor of the de facto situation. The de facto situation persisted. Can Atalay was not released to begin his legislative duties.