ECtHR judgment
Twenty-two bar associations call for Demirtaş's release
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Twenty-two bar associations have released a joint statement, demanding the release of Selahattin Demirtaş after Tuesday's (December 22) European Court of Human Rights (ECtHR) ruling.
The bars recalled that Demirtaş, who has been behind bars for more than four years, was not released despite a European court decision in November 2018.
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The Ankara Chief Public Prosecutor's Office also ordered his arrest in September 2019 as part of an investigation into the 2014 Kobanê protests, it noted. "Although it has been 15 months since Demirtaş's was arrested for the second time, a case has not yet been opened regarding this allegation."
The bars also stressed that Demirtaş was already charged because of the Kobanê incidents in another case against him at the Ankara 19th Heavy Penal Court.
"In brief, the Grand Chamber said in its decision that Demirtaş was arrested for political purposes and against the Convention, his freedom of expression and right to free elections were violated because his speeches in and out of the parliament were subject to his trial, and the second arrest on September 20, 2019, qualified as the continuation of the first arrest and against the Convention and he must be released immediately," says the statement.
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The bars reminded that the European court's decisions are binding for all member states, according to article 46 of the ECHR, which Turkey has also signed.
They also noted that article 90 of the Constitution says that international conventions signed by Turkey are superior to domestic laws.
"As a necessity of being a state of the law as stated in article 2 of our Constitution, the decision of the ECtHR should be immediately followed and Selahattin Demirtaş should be released," said the bars.
The following bar associations signed the statement: Adana, Adıyaman, Ağrı, Ankara, Batman, Bingöl, Bitlis, Bursa, Diyarbakır, Antep, Hakkari, Hatay, İstanbul, İzmir, Kars, Mardin, Muş, Siirt, Şırnak, Dersim, Urfa and Van.
Trial of Selahattin DemirtaşSelahattin 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. |
The Kobani protestsBefore the protests held to support Kobani in northern Syria in 2014, those who were waiting in the district of Suruç, Urfa in southeastern Turkey and wanted to cross the border were intervened with pepper gas and rubber bullets. In the meantime, some pictures allegedly showing ISIS militia crossing the border of Turkey were published. President and ruling AKP Chair Recep Tayyip Erdoğan made statements indicating that they equated PKK with ISIS. While the wounded coming from Kobani were kept waiting on the border, the wounded from ISIS were treated at hospitals. Several news reports were reported in the press, saying "Kobani fell." These news reports were denied every time. According to a report by the Human Rights Association (İHD), 46 people died, 682 people were wounded and 323 people were arrested in the protests held between October 6 and 8, 2014. As reported by the AA, 31 people lost their lives, 221 citizens and 139 police officers were wounded. The Ankara Chief Public Prosecutor's Office began investigating the incidents a year ago. First, the depositions of former jailed HDP Co-Chairs Figen Yüksekdağ and Selahattin Demirtaş were interrogated as part of this investigation. Released in the trial where he had been arrested pending trial, Demirtaş faced another ruling of arrest as part of this "Kobani investigation" on the same day. |
(AÖ/VK)