ECtHR rules 2016 detention of Kurdish politician Ayla Akat Ata unlawful
The European Court of Human Rights (ECtHR) has ruled that the 2016 detention of Kurdish politician Ayla Akat Ata was unlawful and Turkey violated Ata’s rights by targeting her for political activities.
Ata, a former MP for the pro-Kurdish Peoples’ Democratic Party (HDP), was detained on Oct 26, 2016, during a public statement in front of the Diyarbakır Metropolitan Municipality, which the government had taken over from the HDP at the time. Following her detention, the Diyarbakır Chief Public Prosecutor’s Office launched an investigation into Ata on charges of "founding or managing a terrorist organization."
Prosecutors cited Ata’s activities within the Democratic Society Congress (DTK), an umbrella group for pro-Kurdish and leftist organizations, her participation in meetings and demonstrations, her speeches, and her social media posts as evidence. Ata was also accused of being a leader of the shuttered Free Women’s Congress (KJA) and engaging in "terrorist propaganda."
On Oct 30, 2016, the Diyarbakır 1st Peace Judgeship ordered her arrest. She remained in custody for more than five months before her release on May 4, 2017.
Ata applied to the ECtHR on the grounds that her detention lacked a legal basis and that she was targeted for political reasons.
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The ruling
The European court ruled on May 12 that there was no concrete evidence to justify Ata's detention, finding violations of the right to liberty and security and the right to freedom of expression. The court noted that the charges were based on democratic activities that did not involve calls for violence.
"Reasonable suspicion" required for detention was not established with concrete evidence, the court said. It noted that local courts failed to form a clear link between Ata’s words and the alleged crimes, merely listing her political statements and attendance at meetings.
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The court found a violation of Article 5/1 of the European Convention on Human Rights (ECHR). It also ruled that Article 5/3 of the ECHR was violated because the decisions to prolong her six-month detention lacked sufficient reasoning. The court noted that authorities failed to demonstrate a risk of flight or tampering with evidence, or why alternative measures like judicial control were inadequate.
The ECtHR further concluded that Ata’s detention constituted an interference with her freedom of expression, leading to a violation of Article 10 of the ECHR. The court held that an unlawful detention cannot be considered a legitimate restriction on free speech. (AEK/VK)