Selahattin Demirtaş Appeals to ECtHR Grand Chamber

After the verdict of release given by the ECtHR for HDP’s former Co-Chair Demirtaş has not been put into effect, his attorneys have appealed to the Grand Chamber, requesting that his file be examined in terms of violation of freedom of expression.

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Selahattin Demirtaş Appeals to ECtHR Grand Chamber

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Attorneys of Peoples' Democratic Party's (HDP) imprisoned former Co-Chair Selahattin Demirtaş have appealed to the Grand Chamber of the European Court of Human Rights (ECtHR), which previously ruled that "all necessary measures shall be adopted to end his pre-trial detention."

In their application to the court, the attorneys referred to the judgement of the 2nd Chamber of ECtHR and requested that the rights violations which were not examined, were found to be inadmissible or not deemed as rights violations in the previous ruling be re-examined by the Grand Chamber.

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Making a statement about the ECtHR ruling, which has not been put into effect, the government also stated that they would appeal against it.

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The request for the re-examination of the case by the Grand Chamber has been raised by both Demirtaş and government. In its petition to the court, the government demanded that the verdict of violation be examined again.

What will happen next?

Making a statement about the issue on February 23, the attorneys shared the following information about the judicial process:

"A panel, which convenes six or seven times a year and consists of five judges who have not ruled on the verdict of the Chamber, will give a judgement regarding whether the case of Demirtaş meets the requirements of being re-examined by the Grand Chamber as per the Article 43 of the European Convention on Human Rights.

"If the panel gives a positive ruling, the case will be re-examined by the Grand Chamber of the ECtHR.

"In the event that the panel gives a negative ruling, the judgement will become definite as per the Convention law and it will be referred to the Council of Europe (CoE) Committee of Ministers to follow its proceeding.

"The Committee of Ministers will follow the necessary steps to be taken by the legislative, executive and the judicial bodies of the government to put the judgement into effect."

After the ECtHR announced its judgement, the government alleged that "as long as the ruling does not become definite, it will not be binding."

Emphasis on "freedom of expression" in application

In the application submitted to the Grand Chamber and written by Prof. Dr. Başak Çalı and Dr. Kerem Altıparmak, it has been stated:

"The 2nd Chamber of the ECtHR indicated that there was no need to examine the violation of freedom of expression, considering other rights violations in the case.

"However, the main argument in the application of Demirtaş to the ECtHR was that his legislative immunity was lifted, criminal proceedings were filed against him and he was arrested after he expressed his dissenting opinions.

"In the application to the ECtHR, it was stated that all summaries of proceedings brought against Selahattin Demirtaş as well as the allegations made in the indictment consisting of 31 summaries of proceedings filed against him are, in fact, about the statements that he made as an MP inside and outside the Parliament from 2007 and 2016 and those statements were within the limits of freedom of expression."

The attorneys have requested that the application of Demirtaş be examined by the Grand Chamber in terms of violation of his freedom of expression.

What happened?

On November 20, 2018, the ECtHR ruled that all necessary measures shall be adopted to put an end to the pre-trial detention of Selahattin Demirtaş, who has been held in Silivri Prison for two and a half years. The court also sentenced Turkey to pay 25,000 Euro in pecuniary and non-pecuniary damages.

When the verdict of release of the ECtHR was not put into effect, the prison sentence of 4 years and 8 months given to him in another lawsuit was upheld by the 2nd Penal Chamber of the İstanbul Regional Court of Justice on December 4.

Demirtaş is now in prison as a convict.

The related judicial process was as follows:

In the lawsuit, where he was tried along with former HDP MP Sırrı Süreyya Önder, Selahattin Demirtaş was sentenced to 4 years and 8 months in prison on charge of "propagandizing for a terrorist organization" at the İstanbul 26th Heavy Penal Court on September 7, 2018.

On November 16, the ECtHR announced that it would pronounce its judgement on Demirtaş on November 20.

On November 19, the 2nd Penal Chamber of the İstanbul Regional Court of Justice, the court of appeal, took the verdict of prison sentence which was given by the İstanbul 26th Heavy Penal Court into preliminary examination.

On November 20, the ECtHR ruled that all necessary measures shall be adopted to put an end to the pre-trial detention of Demirtaş, adding that his detention "pursued predominant ulterior purpose of stifling pluralism and limiting the freedom of political debate".

On the same day, President and Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan said, "The judgements of the ECtHR are not binding for us. We will make our counter-move and close the deal."

On November 30, the Ankara 19th Heavy Penal Court rejected the request of release submitted by the attorneys of Demirtaş.

On December 4, 2018, the 2nd Penal Chamber of the Regional Court of Justice upheld the prison sentence of Demirtaş.

(AS/SD)

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