‘ECtHR Accepts Request of Appeal of Both Demirtaş and Turkey’

ECtHR Ruling

In its judgement dated November 20, 2018, the ECtHR ruled that all necessary measures shall be adopted to put an end to the pre-trial detention of Demirtaş.

The court also sentenced Turkey to pay 25 thousand Euro in total (approx. 155 thousand Turkish Lira) in pecuniary and non-pecuniary damages.

In its judgement, the ECtHR also emphasized that "any continuation of the applicant's pre-trial detention" will entail a prolongation of the stated violations and "a breach of the obligations on Turkey to abide by the Court's judgment in accordance with Article 46 § 1 of the European Convention on Human Rights."

The court also ruled that there was a violation of Article 18 of the Convention in conjunction with Article 5/3. Accordingly, it stated in its judgement,

"Court considers that the respondent State must ensure that the applicant's pre-trial detention, ordered in the criminal proceedings forming the subject of the present case, is ended at the earliest possible date, unless new grounds and evidence justifying his continued detention are put forward."

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.