Dissenting opinion by judge: There is no legal benefit in Yüksekdağ’s continued arrest

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Arrested in Kandıra Prison in Kocaeli since November 4, 2016, Peoples' Democratic Party (HDP) former Co-Chair Figen Yüksekdağ had her hearing at the Ankara 16th Heavy Penal Court today (July 14).

Attending the hearing via the Audio and Visual Information System (SEGBİS), Yüksekdağ presented her seven-page statement of defense. "Social struggle is a must for justice," she said and added:

"We are holding this hearing under these circumstances. Every stage of our arrest is the product of a political coup. When we look at it today, we see that the political coup is still ongoing in different dimensions, it has not disappeared under these extraordinary circumstances; on the very contrary, different conditions are being created."

Next hearing on September 29

Following the statements, the court board of the Ankara 16th Heavy Penal Court has ruled by a majority of votes that the arrest of Yüksekdağ shall continue, adjourning the hearing to September 29, 2020.

Murat Adıgüzel, one of the judges of the board, has expressed a dissenting opinion. In his opinion, he has noted that "the expected aim from arrest has been fulfilled" and she shall be released as she has "no flight risk" or a "risk of spoliation for evidence" following her possible release.

Adıgüzel has said, "I do not agree with the ruling of continuation of arrest given by the absolute majority, considering the time that the defendant has spent behind bars, the fulfillment of the aim expected from the arrest, the offenses charged against the defendant and her defenses till this stage, the conviction that there is no flight risk or risk of spoliation of evidence given the personality of the defendant reflected in the file, the completion of defendant's and her attorneys' defenses to a considerable extent, the absence of a legal benefit in her continued arrest and the possibility of deriving the expected benefits from judicial control measures as well..."

What happened?

An operation was conducted against HDP MPs in November 2016 as part of investigations launched by the Chief Public Prosecutor's Offices of Diyarbakır, Hakkari, Van, Şırnak and Bingöl. While HDP's the then Co-Chair Figen Yüksekdağ was detained from her home in Ankara, the then Co-Chair Selahattin Demirtaş was detained from his home in Diayarbakır.

The 2nd Penal Court of Peace ruled for the arrest of Demirtaş and Yüksekdağ. While Demirtaş has been arrested in Edirne Prison since then, Yüksekdağ is arrested in Kandıra Prison in Kocaeli. (EMK/SD)