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The Peoples' Democratic Party (HDP) has requested a parliamentary session to discuss the Committee of Ministers of the Council of Europe's decision about the imprisonment of its former co-chair Selahattin Demirtaş.
On September 17, the committee once again reiterated that Demirtaş and businessperson Osman Kavala should be releades as per the related ECtHR judgments. It has given time to the government to implement the rulings until September 30.
Submitting a motion to the parliament, HDP Parliamentary Group Deputy Chairs Meral Danış-Beştaş and Saruhan Oluç requested a general debate about the action plan to be submitted to the Committee of Ministers.
"As per article 90 of the Constitution and article 46 of the European Convention on Human Rights, the implementation of the European Court of Human Rights and the binding decisions of the Committee of Ministers of the Council of Europe, elimination of the problems concerning the implementation of the ECtHR rulings, evaluation of the of the grave consequences non-compliance with the verdicts, discussion of the scope of the action plan to be submitted to the Committee of Ministers of the Council of Europe..."
While the ECtHR rulings are binding for Turkey, there are many examples that they are not complied with, the MPs noted. "We see the most striking and concrete example of this in the failure to implement the ECtHR decisions for the 'immediate release' of our previous co-chair Selahattin Demirtaş."
"Considering that the Parliamentary Assembly of the Council of Europe has the power to suspend the membership of the member states and to expel the member states from membership, it is clear that grave consequences will be incurred if the decision is not complied with," the MPs stated.
Imprisonment of DemirtaşSelahattin Demirtaş was arrested on November 4, 2016, and has been in prison since then, despite two ECtHR verdicts. On November 20, 2018, the ECtHR ruled that the continuation of the arrest of Demirtaş violated his personal freedom and right to elect and be elected. It ruled that Turkey violated article 18 of the ECHR, which meant that Demirtaş's imprisonment was not legal but was political. President Recep Tayyip Erdoğan had then said, "The rulings given by the ECtHR do not bind us. We make our countermove and finish the job." The Ankara 19th Heavy Penal Court rejected his request for release on November 30, 2018, concluding that "his arrest was a moderate measure". On September 20, 2019, Demirtaş was convicted in another case. Announcing its ruling on December 22, 2020, the ECtHR Grand Chamber reiterated that Demirtaş's imprisonment was politically motivated. The Grand Chamber concluded that the verdict of arrest in 2019 was the continuation of his arrest on November 4, 2016, and Demirtaş should be released immediately. The Committee of Ministers once again asked for the immediate release of the politician on September 17. It imposed a deadline of September 30 on Turkey to submit its action plan concerning Demirtaş. |
(AS/VK)
