Kışanak's continued detention: 'Restriction of freedom & violation of right to stand in election'

Cihan Aydın, the lawyer of former president of the Diyarbakır Bar Association and former Co-Mayor of Diyarbakır Metropolitan Municipality Gültan Kışanak, stated that the failure to implement the release decision for his imprisoned client is a clear violation of the right to stand for election.

Aydın described the non-release of Gültan Kışanak, the Ankara Metropolitan Municipality Co-Mayoral candidate for the People's Equality and Democracy Party (DEM Party), despite the decision to release her, on the grounds of merging the case file with the Kobane Trial as 'illegal'.

Gültan Kışanak was detained alongside the other Co-Mayor, Fırat Anlı, on October 25, 2016 while serving as the Co-Mayor of Diyarbakır Metropolitan Municipality. Six days later, she was arrested on charges of 'being a member of an organization' and 'making propaganda for an organization,' and a trustee was appointed in her place.

Kışanak was sentenced to 14 years in prison by the 5th Heavy Penal Court of Malatya, but this verdict was overturned by the Antep Regional Court of Justice. Meanwhile, she had already served the maximum pre-trial detention period of 7 years. However, despite the release decision for her from the initial case, which was issued upon appeal, her request for release was rejected by the court after her re-arrest due to the merger of her case with the Kobane Trial. The individual application made to the Constitutional Court has not yet been concluded.

"A decision made to appear legal"

In a statement to Müjdat Can of Mezopotamya Agency, Cihan Aydın described the prevention of his client's release by being detained in another case as 'a decision made to appear legal.' Aydın stated that the maximum detention period for political offenses is 7 years, and this period expired for Gülten Kışanak, on October 25, 2023. He emphasized that Kışanak has been arbitrarily kept in prison since that date.

Aydın stated that the government is pursuing a strategy aimed at neutralizing its political rivals through the police, judiciary, and the media monster it has created. He expressed that the government keeps important Kurdish political actors in prison to open up space in its favor and suppress the opposition. Aydın emphasized that this issue is not just about the imprisonment of individuals but about the usurpation of a people's will. Therefore, he said, the government shamelessly utilizes the judiciary and all means available to suppress the opposition, disregarding existing positive law.

"Restriction of freedom" crime

Aydın noted that the failure to release Kışanak as prescribed by the law encompasses all elements of the crime of 'restriction of freedom.' He explained that they have submitted the violation decision of the Constitutional Court regarding another prolonged detention period to the Ankara 22nd Heavy Penal Court. Aydın stated, 'The only thing Ankara 22nd Heavy Penal Court should have done after 7.5 years of detention was to release Gülten Kışanak, but they are constantly trying to create new law by fabricating various excuses. This is a typical case of 'restriction of freedom' crime. The court continues to insist on this.'

Aydın recalled the decision of the European Court of Human Rights (ECtHR) two years ago regarding the loss of the status of impartial, independent, and lawfully established courts under Article 6 of the European Convention on Human Rights by all high courts and first-instance courts in Poland.

The legal expert mentioned that following the decision, Poland underwent a revision in the judiciary, with some judges being removed from office and others undergoing retraining, while the revision process is still ongoing. He stated, "This situation is very similar to that in Turkey. When considering the ways judges are appointed and enter the profession, the appointment procedures of the Constitutional Court, the structure of the Supreme Board of Judges and Prosecutors (HSYK), and, finally, the Can Atalay decisions of the Court of Cassation's 3rd Criminal Chamber and the stance of the Parliament, I believe there is a high tendency for such a decision to be made regarding Turkey in the future." (AEK/PE)