ECHR ruled that the principles of "freedom of expression," and "prolonged detention," had been violated. The court handed Turkey a fine of 14,000 euros. Four thousand of that fine is for the expenses and 10,000 euros is in damages.
Yurttas detained and charged with "separatism"
The ECHR said the prison sentence was "disproportionate compared to the action and unnecessary in democratic societies."
The Constitutional Court had closed down DEP in June 1994 saying it pursued separatist activities. Yurttas, who went to the prosecutor's office along with another DEP lawmaker, was detained on July 1. He was kept under detention for five days without testifying. On July 12, he was released pending a trial.
Yurttas was charged with "separatism" and was sentenced to 14 months in prison for individual speeches or those on behalf of his party.
"Prolonged" detention, "unnecessary" prison sentence
The court said Yurttas had not been completely isolated during the five days of detention and he did not undergo treatment that would affect him personally. It ruled that article 3 of the European Convention on Human Rights, which regulates the ban on dishonoring and inhumane treatment," had not been violated.
However, the court said that Yurttas appeared in front of a judge 11 days after being detained and unanimously voted that paragraph 3 of article five of the convention, which regulates the "ban on prolonged detention" had been violated.
ECHR said it could not be said that defense rights had been violated but added that by sentencing Yurttas, who is an actor of Turkish politics, his "freedom of thought and expression had been violated." (EO/BB/EA/YE)
