SELAHATTİN DEMİRTAŞ

Rights group reminds Erdoğan that Turkey has to comply with ECtHR decisions

The President dismissed the European court decision for the release of Demirtaş, saying that it "can't replace Turkey's courts."

İstanbul

Rights group reminds Erdoğan that Turkey has to comply with ECtHR decisions

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Statements by senior government officials dismissing a European Court of Human Rights (ECtHR) decision for the release of Selahattin Demirtaş are "against the Constitution," the Human Rights Association (İHD) has said.

The Grand Chamber of the European court on Tuesday (December 22) ruled for the immediate release of the former co-chair of the Peoples' Democratic Party (HDP), concluding that his imprisonment was politically motivated.

President and Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan lashed out at the ECtHR after the verdict, accusing it of "double standards" and "hypocrisy."

"The ECtHR can't give a judgment replacing our courts. Only the decisions given there are evaluated by our courts," he asserted.

Minister of Interior Süleyman Soylu also said the judgment was "in vain" and "meaningless."

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These statements were against article 138 of the Constitution, which guarantees judicial independence, said the İHD.

It noted that Turkey accepted the jurisdiction of the ECtHR according to article 90 of the Constitution.

"According to the ECHR, the ECtHR is authorized to both determine whether the internal remedies were exhausted or not and whether the national courts gave a ruling in accordance with the Convention," said the association.

"An international convention cannot continue its existence if the state parties implement it when they wish and reject it in unpleasant circumstances.

"For this reason, it is not possible to tolerate the stance of Turkey that is voiced at the highest political level."

While the president stated multiple times that the government would introduce a human rights action plan, it wouldn't be convincing in case it doesn't implement ECtHR decisions, noted the İHD.

"Turkey is a party to the ECHR and has accepted the jurisdiction of the ECtHR as per article 90 of the Constitution. According to article 46 of the ECHR, state parties should comply with the ECtHR decisions," it said, calling on the government to immediately release Demirtaş and conclude all the judicial processes about the abolishment of the parliamentary immunities, which violated the ECHR, according to the judgment.

Trial of Selahattin Demirtaş

Selahattin Demirtaş was detained on November 4, 2016. He was arrested and sent to Silivri Prison in İstanbul on the same day. He is still behind bars in Silivri.

All his investigations, except for one, have been combined in a single file. The lawsuit filed at the Ankara 19th Heavy Penal Court has still not been concluded. As his request for release as part of this suit was rejected, his attorneys appealed to the Constitutional Court.

In their application to the Constitutional Court on May 29, 2018, the attorneys requested that his application be reviewed with priority. However, the Court has not yet responded to the application. On June 26, 2018, his case was taken to the ECtHR.

Shortly after this appeal to the ECtHR, the court announced its judgment in his second case. Tried in the case together with former HDP MP Sırrı Süreyya Önder, Selahattin Demirtaş has been sentenced to 4 years, 8 months in prison on the charge of "propagandizing for a terrorist organization" by the İstanbul 26th Heavy Penal Court.

One month later, on October 25, 2018, his verdict of conviction reached the 2nd Penal Chamber of İstanbul Regional Court of Justice, the court of appeal.

On November 17, 2018, the ECtHR announced that it would announce its judgment as to his application on November 20. The court of appeal swiftly reviewed the verdict of conviction of Demirtaş and started discussing it on November 19.

On November 20, 2018, the ECtHR concluded that Demirtaş was "arrested with political motivations" and ruled for his release.

The Ankara 19th Heavy Penal Court rejected his request for release on November 30, 2018, indicating that "his arrest was a moderate measure".

On December 4, 2018, the 2nd Penal Chamber of İstanbul Regional Court of Justice upheld his verdict of conviction. With this verdict, Demirtaş became an arrested convict.

The attorneys of Demirtaş appealed again to the ECtHR on February 19, 2019, and requested that the issues not discussed, found inadmissible and not regarded as violation right be reviewed again.

The government also appealed against the ECtHR verdict on Demirtaş. In its petition, the government also requested that the ECtHR review its ruling of right violation again. That being the case, the case of Demirtaş has been taken to the ECtHR Grand Chamber, which announced that it would discuss the application on September 18, 2019.

In his hearing at the Ankara 19th Heavy Penal Court on September 2, the court board has ruled that Demirtaş shall be released.

Demirtaş has not been released.

(AÖ/VK)

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