Demirtaş Again Not to be Released Despite Release Order

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A court has ruled for the suspension of execution of the prison sentence given to Peoples' Democratic Party (HDP) former co-chair Selahattin Demirtaş but he will not be able to get out of jail because of a recent court order for his arrest.

İstanbul 26th Heavy Penal Court ruled for the suspension of execution and ordered the release of Demirtaş in the case he was previously given a prison term of 4 years and 8 months in December 2018 for "propagandizing for a terrorist organization."

In the main case where he was under trial, the court had ordered the release of Demirtaş on September 2 but he could not get out of prison because he was already convicted in the case at the 26th Heavy Penal Court.

While this trial continued, Ankara 1st Penal Court of Peace ordered the arrest of Demirtaş on September 20 as part of a separate investigation against him by Ankara Chief Public Prosecutor's Office.

Therefore, Demirtaş was not released despite a release order for the second time.

An attorney of Demirtaş, Neşet Giresun, commented on the situation on Twitter: "About Selahattin Demirtaş: When a release order is given in the case where he is arrested, he cannot be released because he is convicted. When a release order is given in the case where he was convicted, he cannot be released because he is under arrest."

How did it happen?

The Grand Chamber of the European Court of Human Rights (ECtHR) convened to discuss the application of Demirtaş on September 18 but did not announce a decision in the hearing.

Demirtaş was first detained on November 4, 2016, arrested on the same day. He was sent to Edirne Type-F Prison, where he still resides.

All investigation files against him but one were combined. The trial of the combined case continues at Ankara 19th Heavy Penal Court. After local courts rejected requests for his release, attorneys of Demirtaş applied to the Constitutional Court.

The Constitutional Court has not yet responded to the application dated May 29, 2018. The case was brought to the European Court of Human Rights (ECtHR) on June 26, 2018.

Shortly after the application to the ECtHR, the court announced its ruling on the second trial of Demirtaş. On September 7, 2018, Demirtaş was sentenced to 4 years and 8 months in prison by the İstanbul 26th Heavy Penal Court in the case he was under trial with former HDP MP Sırrı Süreyya Önder for "propagandizing for a terrorist organization."

October 25, 2018: The verdict was delivered to the İstanbul Regional Court of Justice 2nd Penal Chamber (court of appeal).

November 17, 2018: the ECtHR announced that it will announce the result of Demirtaş's application on November 20.

Prof. Dr. Yaman Akdeniz, in a comment to bianet, noted the timing of this decision: "the ECtHR normally publishes a schedule of 10 days or even 3 weeks in advance of which decisions it will announce. The decision on Demirtaş was not on the final schedule."

November 19, 2018: The verdict of conviction at the High Criminal Court was put under preliminary review by the court of appeal.

November 20, 2018: The ECtHR ordered Demirtaş to be released, stating that he was "imprisoned with a political motive". On the same day, President Recep Tayyip Erdoğan said, "The ECHR decisions do not bind us. We make our counter-move, we finish the job."

November 30, 2018: Ankara 19th Heavy Penal Court rejected a release request.

December 4, 2018: The court of appeal approved the verdict.

September 18, 2019: Hearing of Demirtaş took place at the ECtHR Grand Chamber.

September 2, 2019: Ankara 19th Heavy Penal Court ordered the release of Demirtaş in the main trial. (AS/VK)