'Demirtaş Release Verdict Related to Upcoming ECtHR Hearing', Says Attorney

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Mahsuni Karaman, one of the lawyers of Selahattin Demirtaş, the previous co-chair of the Peoples' Democratic Party (HDP), said the release decision was political, as was the entire judicial process:

"Demirtaş's investigation, arrest and trial, as yesterday's release decision, is a political process. It's not judicial."

CLICK - Release Verdict for Former HDP Co-Chair Demirtaş

Demirtaş's application at the Grand Chamber of the European Court of Human Rights (ECtHR) will be discussed at a hearing on September 18. The İstanbul 19th Heavy Penal Court yesterday (September 2) ruled for the release for Demirtaş. Though he will continue to stay behind bars as he was convicted in another case. His lawyers expected from the Heavy Penal Court a decision for "Demirtaş's imprisonment with political motives." However, no decision on his detention may be made now that Demirtaş has been released.

When we asked if this verdict was related to Demirtaş already being convicted, replied, "No doubt it is, of course it is."

Karaman said, "I requested a release a few days ago, they refused. What has changed and they rule for a release now? All the proceedings of the judiciary that is not independent and under the guidance of the politics... The judicial process of Demirtaş and the decisions to be made were also politically motivated."

The 26th Heavy Penal Court approved Demirtaş's prison term for 4 years and 8 months in December 2018. He is currently serving as a convict in Edirne F Type Prison.

"We are at the evaluation phase with Demirtaş, we will probably apply for probation," Karaman said. He said they will make a statement about the application later.

The ECtHR ruling

The European Court of Human Rights announced its decision regarding Demirtaş on 20 November 2018.

The court ruled that all measures to end the detention of Demirtaş, who has been in Edirne F-Type Prison for two-and-a-half years, should be taken.

Demirtaş's lawyers told bianet after the decision, "Demirtaş should be released immediately in this case."

"The continued arrest of Demirtaş, especially during the referendum and presidential elections, is a situation that stifles pluralism and limits freedom of political expression," the decision said.

However, Ankara 19. Heavy Penal Court did not recognize the ECtHR decision and did not release Demirtaş.

The government also appealed the case. In its petition, the government demanded a reconsideration of the ECtHR's decisions on rights violations.

So the file was moved to the Grand Chamber of the ECHR. The hearing at the Grand Chamber is scheduled for September 18. Lawyer Karaman said they expected a similar decision regarding rights violations to be issued from the Grand Chamber.

The Grand Chamber will assess the violation of Demirtaş's right to freedom of expression, freedom and security of persons, and the right to choose and choose. The application also claims that the legal process is carried out with political motives.

(AS/VK)