Arrest Order for Demirtaş While He was Already Arrested Brought to Constitutional Court

Click to read the article in Turkish / Kurdish

A second application to the Constitutional Court has been made for Selahattin Demirtaş, the previous co-chair of the Peoples' Democratic Party (HDP). The petition of the application said that the Constitutional Court has at least five applications by Demirtaş and did not examine them.

In the last petition, which has been submitted by attorneys Aygül Demirtaş Gökalp, Benan Molu, Ramazan Demir and Mahsuni Karaman, it is told that how Demirtaş was prevented from being released by prosecutor's offices and courts despite having the right to get out of the prison.

As part of a judicial reform package that was recently introduced by the government, the case of Demirtaş was brought to the Court of Cassation. The court upheld a 4-year-8-month prison sentence for Demirtaş. The time he served in prison was deducted from the sentence but he was not released as a court had ordered his arrest in another investigation.

Erdoğan had said, "We can't release them"

In the petition the Constitutional Court, it was recalled that the European Court of Human Rights (ECtHR) said Demirtaş was under arrest "due to political incentives":

"Following the decision of the ECtHR Grand Chamber dated November 20, 2018, which decided to release Demirtaş, President [Recep Tayyip] Erdoğan ordered the approval of a 4 years and 8 months of prison sentence by saying, 'We will make our countermove and finish the job'; three days after the ECtHR Grand Chamber and one day after the latest arrest of Demirtaş, he said, 'We can't release them, if we do, our martyrs will hold us accountable,' referring to Figen Yüksekdap, an applicant and the HDP Co-Chairperson of the time."

'He was arrested in a case where he was not a suspect'

In the ECtHR decision, Turkey was convicted for violation of Article 28 of the European Convention on Human Rights (ECHR) for the first time and it was noted that "the heightened level of judicial harassment targeting the government's political opponents in particular, including the applicant himself and other members of parliament from his party, posed a severe threat to democracy in Turkey."

"According to the ECtHR, what is under threat is not only the applicant's individual rights and freedoms but the entire democratic system," the petition said.

The fact that Demirtaş was arrested again "as part of an investigation where he was not a suspect justifies the suspicion that the judicial organs act with political motives," according to the petition.

The attorneys of Demirtaş requested the Constitutional Court to rule that the freedom of expression, the right to freedom and security, the right to not being tried and sentenced twice for the same offense, and the ban on arresting someone over political reasons were violated.

The judiciary "races" against days and hours

The petition listed the happenings that have prevented Demirtaş from being released since November 4, 2016:

• Objections from both the applicant and the government against the ECtHR decision dated November 20, 2018, were accepted and a hearing was held at the ECtHR Grand Chamber on September 18, 2019 (The decision has not been announced yet).
• Sixteen days before the hearing, on September 2, 2019, Demirtaş was released in the case where all the previous objections and appeals regarding were rejected for 69 times.
• After the release order, attorneys of Demirtaş applied to the court for a deduction of the time he spent in prison from his sentence. Two days after the Grand Chamber hearing, on September 20, 2019, the request for deduction was accepted. This paved the way for the release of Demirtaş.
• On September 20, 2019, the day when the verdict on "deduction" was given, Ankara Chief Public Prosecutor's Office called the Directorate of Edirne Prison by phone and requested them to hold Demirtaş ready at the SEGBİS (Audio and Video Information System) room. Going to the room, Demirtaş learned that he will give a statement as a suspect regarding the incidents on October 6-7, 2014 and charges.
• On the same day, the Edirne Prison and the attorneys of Demirtaş were informed of a request for his arrest.
• While the vacation court on that day was the 6th Penal Court of Peace, the 1st Penal Court of Peace questioned Demirtaş and ordered the arrest of him.
• Demirtaş was arrested on November 4, 2016, and released on September 2, 2019, in the case that still continues at Ankara 19th Heavy Penal Court. With the decision of the 1st Penal Court of Peace, Demirtaş was arrested again with different charges in the same case. (AS/VK)