‘ECtHR Accepts Request of Appeal of Both Demirtaş and Turkey’

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The "Selahattin Demirtaş Should Be Released" ruling of the European Court of Human Rights (ECtHR) dated November 20, 2018 will be reconsidered by its Grand Chamber.

Releasing a statement about the decision of the court, the Office of Press and Public Relations of the Ministry of Justice has announced that the ECtHR has accepted the request of appeal raised by Turkey.

However, Mahsuni Karaman, attorney of of Peoples' Democratic Party's (HDP) imprisoned former Co-Chair Selahattin Demirtaş, has stated that the court has accepted the requests of both Turkey and Demirtaş.

Karaman: ECtHR ruling will be reexamined in line with reciprocal objections

Speaking to bianet, lawyer Mahsuni Karaman has stated that the ECtHR has made the following decision: "It has been ruled that the objections of the applicant and the government shall be heard by the Grand Chamber."

Underlining that the case will be reconsidered by the Grand Chamber in line with the objections of both Demirtaş and government, Karaman has added, "Thus, it does not mean that the objections of one side have been accepted and the case will be reconsidered in line with these objections."

CLICK - Selahattin Demirtaş Appeals to ECtHR Grand Chamber

"Ruling of Grand Chamber is definitely binding"

When we ask him about the bindingness of the ruling to be given by the Grand Chamber, Karaman has said,

"Its bindingness is definitive. In the event that any ruling of violation is given for Demirtaş's imprisonment, they are obliged to release him."

ECtHR Ruling

In its judgement dated November 20, 2018, the ECtHR ruled that all necessary measures shall be adopted to put an end to the pre-trial detention of Demirtaş.

The court also sentenced Turkey to pay 25 thousand Euro in total (approx. 155 thousand Turkish Lira) in pecuniary and non-pecuniary damages.

In its judgement, the ECtHR also emphasized that "any continuation of the applicant's pre-trial detention" will entail a prolongation of the stated violations and "a breach of the obligations on Turkey to abide by the Court's judgment in accordance with Article 46 § 1 of the European Convention on Human Rights."

The court also ruled that there was a violation of Article 18 of the Convention in conjunction with Article 5/3. Accordingly, it stated in its judgement,

"Court considers that the respondent State must ensure that the applicant's pre-trial detention, ordered in the criminal proceedings forming the subject of the present case, is ended at the earliest possible date, unless new grounds and evidence justifying his continued detention are put forward."

CLICK - ECtHR: Selahattin Demirtaş Should Be Released

Objection of Demirtaş's attorneys to ECtHR ruling

Reiterating that the government of Turkey objected to the ECtHR ruling within the above-mentioned framework, lawyer Karaman has explained their reasons for appeal as follows:

"We argued that the verdict of arrest was also unlawful. In other words, we claimed that the court should have also ruled that the Article 5/1 of the Convention had been violated.

"We also stated that Demirtaş was put on trial due to all statements that he made as a politician and requested that the court rule that his freedom of expression as per the Article 10 of the Convention was violated. As for the government, it objected to the ruling as a whole."

What happened?

On November 20, 2018, the ECtHR ruled that all necessary measures shall be adopted to put an end to the pre-trial detention of Selahattin Demirtaş, who has been held in Silivri Prison for two and a half years. The court also sentenced Turkey to pay 25,000 Euro in pecuniary and non-pecuniary damages.

When the verdict of release of the ECtHR was not put into effect, the prison sentence of 4 years and 8 months given to him in another lawsuit was upheld by the 2nd Penal Chamber of the İstanbul Regional Court of Justice on December 4.

Demirtaş is now in prison as a convict.

The related judicial process was as follows:

In the lawsuit, where he was tried along with former HDP MP Sırrı Süreyya Önder, Selahattin Demirtaş was sentenced to 4 years and 8 months in prison on charge of "propagandizing for a terrorist organization" at the İstanbul 26th Heavy Penal Court on September 7, 2018.

On November 16, the ECtHR announced that it would pronounce its judgement on Demirtaş on November 20.

On November 19, the 2nd Penal Chamber of the İstanbul Regional Court of Justice, the court of appeal, took the verdict of prison sentence which was given by the İstanbul 26th Heavy Penal Court into preliminary examination.

On November 20, the ECtHR ruled that all necessary measures shall be adopted to put an end to the pre-trial detention of Demirtaş, adding that his detention "pursued predominant ulterior purpose of stifling pluralism and limiting the freedom of political debate".

On the same day, President and Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan said, "The judgements of the ECtHR are not binding for us. We will make our counter-move and close the deal."

On November 30, the Ankara 19th Heavy Penal Court rejected the request of release submitted by the attorneys of Demirtaş.

On December 4, 2018, the 2nd Penal Chamber of the Regional Court of Justice upheld the prison sentence of Demirtaş.

(EKN/SD)

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