Demirtaş, Yüksekdağ not released due to flight risk, evidence collection

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Ankara 6th Penal Court of Peace yesterday (June 29) conducted an examination of arrest in the case against Peoples' Democratic Party (HDP) former co-chairs Selahattin Demirtaş and Figen Yüksekdağ over their alleged roles in the 2014 "Kobanê protests" in southeast Turkey, where more than 50 people were killed.

The court ruled for the continuation of the two politicians' arrest on the grounds that they could hide, flee or spoil evidence and that the investigation is still underway and the evidence has not been collected yet.

Demirtaş and Yüksekdağ have been in prison since November 2016. An investigation was opened against them over the Kobanê incidents in September 2019.

Başak Demirtaş, Selahattin Demirtaş's wife, criticized the court's decision in a tweet, saying, "The prosecutor couldn't have collected evidence for six years. Figen and Selahattin are said to run away."

"Aqlê sivik barê giran e," she added in Kurdish, which translates as "A weak mind is a heavy burden."

The attorneys of the politicians, Kenan Maçoğlu and Levent Kanat, also participated in the examination of arrest. Kanat said they were not able to see the case file due to the confidentiality order, which "violated their right to defense."

Kanat noted that the "Kobanê investigation" was opened to keep Demirtaş behind bars after the 19th Heavy Penal Court ruled for his release in another case and the ECtHR ruled that his rights were violated.

Attorney Maçoğlu also said that the arrest of their clients was "political rather than legal."

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.

As his request for release has been rejected, his attorneys lodged a request of "deduction", demanding that the period that he has already served in prison be deducted from his prison term so that he could be released on probation. This request has not been answered yet.

(EMK/VK)