The European Court of Human Rights (ECtHR) has issued a new ruling against Turkey regarding the detention of the Kurdish political leader Selahattin Demirtaş, declaring a Sep 2019 court order for his arrest arbitrary and politically driven.
The court found that Demirtaş’s continued pretrial detention was not only prolonged without justification but also served political purposes. It concluded that materials from the 2014 Kobanî-related investigations were reused under different charges in a way that amounted to political manipulation.
The ruling stated that Turkey’s Constitutional Court had failed to provide effective oversight, contributing to the violation of Demirtaş’s rights. “The measures taken by the authorities were poorly justified and aimed primarily at suppressing political pluralism and limiting democratic debate,” the court said.
Citing multiple violations of the European Convention on Human Rights (ECHR), the court ruled that:
Article 5/1(c) (Right to liberty and security) was breached, as the renewed detention lacked reasonable suspicion, was indistinguishable from the first arrest, and had no legal basis.
Article 5/3 (Right to trial within a reasonable time) was violated, with the court noting that holding Demirtaş for more than four years was unjustified and disproportionate.
Article 5/4 (Right to judicial review) was infringed, as Demirtaş’s detention was not subjected to prompt judicial scrutiny and his lawyer’s access to case files was restricted.
Article 18 (Limitation on use of restrictions on rights) was breached, with the court concluding that the detention was politically motivated, aimed at silencing opposition and curbing political pluralism.
As part of the ruling, Turkey is ordered to pay Demirtaş 35,000 euros in non-pecuniary damages and 20,000 euros for legal costs.
This marks the second time the ECtHR has ruled against Turkey over Demirtaş’s detention. In a 2018 decision, the court found violations of Articles 5/3 and 18 of the Convention and called for his release, a demand that Turkey did not implement.
Demirtaş has been held in prison since Nov 2016.
ECtHR Grand Chamber: Release Selahattin Demirtaş immediately
(HA/VK)
