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While the decision of the European Court of Human Rights (ECHR) on Selahattin Demirtaş sparked current debates, veteran jurist Şahin Mengü criticized the government and the opposition from a different point of view.
I publish the exact opinion of Mengü:
To the President and Chairman of the AKP, Recep Tayyip Erdoğan Demirtaş “Terrorist” and he says he is responsible for the death of many of our citizens.
Government Partner Devlet Bahçeli Watches Selahattin Demirtaş’s HDP Party “because it is linked to terrorism” says close. But you do not use your legal rights and do what is necessary.
What is happening is happening to Turkish democracy.
If Demirtaş and the party he presided over are affiliated with terrorism and a terrorist organization, any of the political parties with a group in Parliament can go to the Office of the Supreme Court of Appeals and request the closure of this party.
Why doesn’t the AKP, supported by the MHP, do this?
He does not think he can get votes from the conservative part of Kurdish voters in the region who voted for the HDP.
State Garden in “let this party close“But he doesn’t move to his party with the same thought.
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In fact, opposition parties have conflicting opinions.
They are delivering a verdict on Demirtaş’s arrest. But they are not taking serious action.
What you have to do is;
– Parties with groups in parliament should come together and openly call on the HDP to distance itself from terrorism.
If the HDP leaves this call unanswered and you are believed to be affiliated with a terrorist organization, any party with a group in Parliament can apply to the Attorney General of the Supreme Court.
Furthermore, the AKP has a second method at its disposal, and the Minister of Justice can make this request with a decision to be made by the government as the ruling party.
But this is not done either.
Brain owners who think they are enlightened but are not “The party is no longer closed in the civilized world” They are judging.
This is not true either, because there is an example of ETA and the banned Batasuna party in Spain, and the European Court of Human Rights ratified this decision.
In the civilized world, the party is not closed because there are no political parties in those countries that are problematic with their own constitution. They are all making their political struggle democratically within the framework of the Constitution.
If Selahattin Demirtaş had supported terrorism, it would have been immediately sued and concluded until today. But they didn’t do that. Because then there would be no exploitation.
In fact, the HDP also benefits from this abuse: it also plays at being the victim.
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This is what we said all this in light of the Demirtas decision of the European Court of Human Rights. If we look at the decisions on mandatory compliance with a decision for Turkey.
Because the European Convention on Human Rights, “Final provisions” According to the first paragraph of article 44 with the title;
– “The decisions of the Grand Chamber are final.”
States that have signed the European Convention on Human Rights and its additional protocols have committed to abide by these decisions.
European Convention on Human Rights and has signed and ratified Protocol 11, which modifies it is also the case of Turkey.
The evacuation of Turkey Demirtas conforms precisely to the decision of the Grand Chamber, “has the force of law” It is a requirement of the European Convention on Human Rights with the XI Protocol.
To the European Court of Human Rights “after exhaustion of domestic remedies” application to the European Convention on Human Rights, as stipulated in article 35. “acceptability” condition.
Demirtaş’s 4-year detention period, European Court of Human Rights suitable for applications.
The ECHR did not make a decision, replacing the Turkish courts.
It is better for politicians not to talk about things they do not know. Your personal reputation is not important, but the reputation of your country is being damaged.
