Application to Constitutional Court: Enforce ECtHR judgement on Demirtaş

Click to read the article in Turkish

Peoples' Democratic Party (HDP) former Co-Chair Selahattin Demirtaş, who has been behind bars since November 2016, has made an individual application to the Constitutional Court, demanding that the judgement of "right violation" and "immediate release" of the European Court of Human Rights (ECtHR) Grand Chamber be implemented.

CLICK - Court refuses to release Selahattin Demirtaş despite ECtHR ruling, cites 'translation' issues

The application for Selahattin Demirtaş has been announced by Mahsuni Karaman, an attorney for Demirtaş, on Twitter:

"If the Constitutional Court does not put an immediate end to the nonsense of 'ECtHR rulings are not binding for us', the ECtHR will conclude that the Constitutional Court is not an 'effective domestic remedy'."

CLICK - What will happen if Turkey doesn't release Demirtaş?

Why still behind bars despite rulings of release?

The Grand Chamber of the ECtHR, on December 22, 2020, pronounced its judgement as to the appeal against the ECtHR ruling of "right violation" and "immediate release" given for Selahattin Demirtaş in 2018.

With a vote of 15 against two, the Grand Chamber ruled that Selahattin Demirtaş should be released from prison immediately.

While the first ECtHR judgement of "immediate release" was still not enforced, the prison sentence given for Demirtaş in another case was upheld by the 2nd Penal Chamber of the İstanbul Regional Court of Justice.

This process was briefly as follows:

September 7, 2018: Standing trial on charge of "propagandizing for a terrorist organization" along with Peoples' Democratic Party  (HDP) former MP Sırrı Süreyya Önder, Demirtaş was sentenced to 4 years, 8 months in prison by the İstanbul 26th Heavy Penal Court.

October 25, 2018: This ruling was delivered to the court of appeals, the 2nd Penal Chamber of the İstanbul Regional Court of Justice.

November 17, 2018: The ECtHR announced that it would pronounce its judgement on Selahattin Demirtaş on November 20.

November 19, 2018: The conviction of Demirtaş was placed under preliminary examination by the court of appeals.

November 20, 2018: The ECtHR concluded that Demirtaş was imprisoned "with political motivations" and ruled for his release. In a speech on the same day, President and ruling Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan stated, "The ECtHR rulings are not binding for us; we will make our counter move and get it done."

November 30, 2018: The Ankara 19th Heavy Penal Court rejected Selahattin Demirtaş' request for release.

December 4, 2018: The 2nd Penal Chamber of the İstanbul Regional Court of Justice upheld the ruling against Demirtaş and finalized his conviction. (RT/SD)