'ECtHR judgement confirms that the law is subverted by government'

Click to read the article in Turkish (1) (2) / Kurdish

After the Grand Chamber of the European Court of Human Rights (ECtHR) pronounced its judgement on arrested politician Selahattin Demirtaş yesterday (December 22) and ruled that he should be released immediately, Selahattin Demirtaş himself and his party, the Peoples' Democratic Party (HDP), have released statements about the issue.

While former HDP Co-Chair Demirtaş has underlined that this recent judgement of the Grand Chamber has confirmed the "subversion of the law at the hands of the government," HDP Co-Chairs Pervin Buldan and Mithat Sancar have emphasized that the ECtHR Grand Chamber judgement is "final and binding" for the judicial authorities in Turkey.

CLICK - ECtHR Grand Chamber: Release Demirtaş immediately

'I am sad about the judgement'

After the judgement of the supreme court was handed down, Demirtaş has shared a message via his attorneys. In his message from the Edirne Type F Prison, Selahattin Demirtaş has said, "It has now become finalized that the ones who have imprisoned us have committed heavy crimes to the extent that they have politically plotted against us."

Referring to the judicial process at the ECtHR Grand Chamber, Demirtaş has stressed in his message that "while the Justice and Development Party (AKP) government was represented by a legist from Germany, he was himself defended by a group of lawyers, all of whom were from Turkey."

Indicating that his attorneys will explain the technical and legal details of the judgement later, Demirtaş has said, "However, there is something certain: It has now become finalized that the so-called judicial processes brought against me and my friends over the past six years are all political, not lawful, that we are innocent, and the ones who have imprisoned us have committed heavy crimes to the extent that they have politically plotted against us."

He has added, "This judgement has confirmed that the legal and judicial system in Turkey has been subverted by the government itself."

"Even though I have been unlawfully held behind bars as a political hostage for four years, this judgement has not made me happy or joyful. On the contrary, I am really sad about this judgement," Demirtaş has indicated further, explaining the reason for his sadness briefly as follows:

"Because I am not the only one who is paying the price for the abolished democracy, destroyed law and justice; our 83 million citizens have been paying this price in the heaviest way possible.

"(I deliberately do not include the one million people who keep living in pleasure, delight and vanity in the count.)"

'I am as hopeful as I am sad'

Further in his message, Demirtaş has also touched upon the economic problems and the current state of rights and freedoms in Turkey:

"I am sorry for the people who take their own lives due to unemployment, hunger and poverty. I am sorry for my hundreds of thousands of brothers and sisters who have to collect leftovers from garbage or bazaars to eat something. I am sorry that millions of farmers, shopkeepers and industrialists have gone bankrupt. I am sorry for tens of millions of unemployed and for the ones who are struggling for their lives under the starvation line. I am very sorry for the ones who can no longer breathe due to the absence of democracy and peace and who are forced to leave their country.

"However, I am as hopeful as I am sad. Because I trust the people. I trust the power of tens of millions of people who are hand in hand for democracy and whose number is growing with each passing day.

"I believe the ones who say, 'If this country belongs to us all, if this Republic belongs to us all, we will join hands and make this land a heaven without differentiating Turks or Kurds, Alevis or Sunnis'."

Reiterating his hope, Demirtaş has concluded his remarks by thanking HDP Co-Chairs, MPs, provincial and district organizations and his attorneys.

HDP: This judgement sets a legal precedent

HDP Co-Chair Pervin Buldan and Mithat Sancar have also released a statement about the judgement of the ECtHR Grand Chamber.

Reminding the public that "with its decision, the Grand Chamber has confirmed the previous ECtHR judgement, which ruled that Demirtaş should be released immediately," HDP Co-Chairs have briefly said:

"The Chamber has found all reasons put forward by Demirtaş's attorneys valid and concluded that his rights, especially his freedom of thought and expression and right to participation in politics, have been violated. This judgement sets a precedent for our other politicians taken hostage.

"In response to the 'immediate release' judgement handed down [by the ECtHR] in 2018, the government said that 'the judgement had not been final' and the attorneys' requests for release were rejected. But, with the final and binding judgement pronounced by the ECtHR Grand Chamber today (December 22), there is no such justification any more.

"We would like to reiterate that this judgement is final and binding. The government has no longer the option to put forward reasons and evade it.

"As required by this judgement, Demirtaş and our all politicians taken hostage must be released immediately without any 'but's."

The party has underlined that "any attitude or behavior in contrary to this will mean defying international law and trampling on universal human rights." (EKN/SD)