‘Why Doesn’t Constitutional Court Take Any Action About Application of Demirtaş?’

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Announcing its ruling on Peoples' Democratic Party (HDP) former MP Sırrı Süreyya Önder earlier today (October 3), the Constitutional Court has concluded that his freedom of expression has been violated by the prison sentence of 3 years, 6 months given to him for "propagandizing for a terrorist organization" with his Newroz speech in 2013.

Speaking to bianet about the verdict of the court, lawyer Eylem Arzu Kayaoğlu has indicated that an application was also submitted for former HDP Co-Chair Selahattin Demirtaş, who has been sentenced to 4 years, 8 months in prison as part of the same lawsuit.

However, the court has not yet responded to the application.

Stating that the application for Demirtaş was submitted to the court two days before the application for Sırrı Süreyya Önder, Kayaoğlu has said,

"Just another instance of a great unlawfulness occurs here. The ruling of right violation given by the Constitutional Court for Önder is, of course, valuable. It is striking that the application for Demirtaş, who has been convicted in the same file, for the same speeches, has not yet been responded. The court does not see the application of Demirtaş."

"Why doesn't Constitutional Court take any action about the application of Demirtaş?", lawyer Kayaoğlu has asked further.

What happened?

After the prison sentence of 4 years, 8 months was upheld by the court of appeal, her lawyers appealed to the Constitutional Court on January 2.

A lawsuit was filed against Demirtaş and Önder due to their Newroz speeches in 2013. The İstanbul 26th Heavy Penal Court announced its ruling on September 7, 2018 and ruled that Demirtaş shall be sentenced to 4 years, 8 months and Önder to 3 years, 6 months in prison on charge of "propagandizing for a terrorist organization".

The 2nd Penal Chamber of İstanbul Regional Court of Justice, the court of appeal, upheld the prison sentence on December 4, 2018.

After the prison sentence of Demirtaş was upheld, his lawyers have took the verdict to the Constitutional Court on January 2, 2019. (EMK/SD)