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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.
The timeline of the trial of Demirtaş
While the ECtHR decision for the release of Demirtaş was not implemented, the prison term for 4 years and 8 months he was given in another case was approved by the İstanbul Regional Court of Justice 2nd Penal Chamber. He is now in prison as a convict.
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). XXXXHe reached out to the Penal Department.
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.
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(AS/VK)
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