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After Peoples' Democratic Party (HDP) Hakkari MP and Democratic Society Congress (DTK) Co-Chair Leyla Güven did not testify at her hearing held at the Urfa 6th Heavy Penal Court, her hearing was held at the Diyarbakır 5th Heavy Penal Court "upon instruction" yesterday (March 27).
The court has ruled that Güven shall be taken to court by force.
The court case held at the Urfa 6th Heavy Penal Court was filed on the allegation that she "propagandized for a terrorist organization" in a speech that she made in Amara, Urfa. Leyla Güven has been on a hunger strike for 141 days, demanding that the isolation of Abdullah Öcalan, the imprisoned leader of the Kurdistan Workers Party (PKK), be lifted.
'Constitution has been violated'
Speaking to bianet about the verdict, lawyer Reyhan Yalçındağ-Baydemir has emphasized that the lawsuit was filed against Güven after she was elected an MP, which violates the Article 83 of the Constitution:
"The hearing of this case will be held in Urfa on April 3. We will raise our objections in the hearing. The Constitution is being violated here. The court case should be dropped immediately.
"The health condition of Leyla Güven has come to a critical point. We do not accept such a verdict against someone with a bad health condition, stipulating that she shall be taken to court by force.
"We also presented these objections in verbal and written form at court today. However, the court did not take our objections into consideration. Considered legally, we expect that it will change in the next hearing."
What does the Article 83 of Constitution say? Members of the Grand National Assembly of Turkey shall not be liable for their votes and statements during parliamentary proceedings, for the views they express before the Assembly, or, unless the Assembly decides otherwise, on the proposal of the Bureau for that sitting, for repeating or revealing these outside the Assembly. A deputy who is alleged to have committed an offence before or after election shall not be detained, interrogated, arrested or tried unless the Assembly decides otherwise. This provision shall not apply in cases where a member is caught in flagrante delicto requiring heavy penalty and in cases subject to Article 14 of the Constitution as long as an investigation has been initiated before the election. However, in such situations the competent authority has to notify the Grand National Assembly of Turkey of the case immediately and directly. |
(EMK/SD)
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