ECtHR says ‘it is natural for an elected mayor to engage in political activities’

* Anadolu Agency (AA) - File

Click to read the article in Turkish / Kurdish

The European Court of Human Rights (ECtHR) has finalized the application of former Siirt Provincial Mayor Tuncer Bakırhan.

The ECtHR has concluded that his right to liberty and security and freedom of expression have been violated. Turkey will now pay him 10,000 Euro in non-pecuniary damages and 3,000 Euro for court expenses.

Emphasis on 'elected mayor'

In its judgement on Tuncer Bakırhan, who was arrested while he was still the Siirt Mayor, the ECtHR has underlined that there was no valid reason for his arrest for 2 years and 11 months or for the fact that the majority of this time spent in prison had been before his conviction.

The ECtHR has indicated that Bakırhan was an elected mayor from an opposition party, adding that his activities were natural considering this political situation. Emphasizing that a free political platform for discussion must be the basis of a democratic society, the court has indicated that no grounds were put forward for the serious charges brought against Tuncer Bakırhan. The ECtHR has also noted that there is no evidence suggesting that his imprisonment was necessary.

The ECtHR has concluded that "the disputed arrest was not proportionate to legitimate goals and was not necessary in a democratic society." It has indicated that the conditions were not met to put forward the reasons of 'risk of spoliation of evidence or flight risk' on the part of Bakırhan.

The ECtHR has concluded that the right to liberty and security (Article 5/3 of the European Convention on Human Rights (ECHR)) and his freedom of expression (Article 10) of the ECHR were violated.

He was arrested for nearly 3 years

In the local elections on March 30, 2014, Tuncer Bakırhan was elected the Mayor of Siirt, a Kurdish-majority province in east Turkey, from the Peace and Democracy Party (BDP), which was closed.

Taken into custody and arrested on charges of "propagandizing for a terrorist organization" and "membership of a terrorist organization" shortly afterwards, Bakırhan was dismissed from duty. He was replaced by Deputy Governor of Siirt Ceyhun Dilşad Taşkın, the state-appointed trustee.

When he applied to the ECtHR, Bakırhan was arrested in Bolu Prison. He was sentenced to 10 years, 18 months in prison in October 2019 and released on October 10, 2019. His trial still continues. (AS/SD)