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After the European Court of Human Rights (ECHR) decided to release former HDP co-chair Selahattin Demirtaş, his lawyers immediately rejected his request for release.
The court stated that the Turkish translation of the ECHR verdict was not included in the release request as justification for the rejection.
The court’s decision to refuse includes the following statements:
“The Ankara General Prosecutor’s Office has written an order to the Ministry of Justice to send the Turkish translation of the aforementioned decision to the file, but it has been understood that there is still no response. It was understood that the decision was not suitable for legal supervision” .
Selahattin Demirtaş’s lawyer, Mahsuni Karaman, reacted to the court’s decision saying “He is committing a crime, which will be included in his own indictment in the future” on his social media account.
‘As they say that it does not bind us, they know the verdict of the ECHR’
Speaking to BBC Turkish about the decision, Karaman made the following assessment:
“What can we say … It doesn’t matter, we are also awaiting the official translation. We previously submitted the translation for the first decision of the ECHR chamber on 20 November 2018. The Grand Chamber of the ECHR has made a final and binding decision, everyone has heard it. Bahçeli has translated it knows it, the president knows it, Soylu knows it. They know the content, since they said they would not force us.
“Demirtaş is not a prisoner for ten different crimes, ten separate files, now he is under arrest for the file he is viewing. They say,” We don’t know a prisoner from what file and what crime. “What will he say after he arrives at translation?
“It does not matter, we will wait another week. At this stage, Demirtaş says:” For me it is enough that international law has registered this problem, so it was outside for three days, inside, it does not matter. “
Karaman said they will make another request on Monday and continued as follows.
As soon as the ECHR decision was announced on December 22, 2020, the Ministry of Justice had to comply with this decision immediately. The Ministry’s call to the Ankara Attorney General’s Office and saying ‘Release’ about this decision is not an intervention with the law. Therefore, the Ministry of Justice must intervene and allow this decision to be clarified. The day the decision was made, the moment the decision was announced, I had to do it, “he said.
‘Turkey legal’ application to ‘no option’
In the ECHR decision, it was recalled that Selahattin Demirtaş, one of the HDP co-chairs, was removed from his immunity on May 20, 2016 and subsequently detained.
The verdict stated that “the prolonged period of pre-trial detention and the terrorism-related charges made on the basis of evidence based on the political speeches he delivered violate the European Convention on Human Rights”:
“During his detention, the national courts did not present any case or information to provide a reasonable suspicion necessary for his preventive detention. Therefore, there is no reasonable suspicion that he committed the crimes subject to detention. As a result of the same observations, the Demirtaş’s right to be elected and to be in parliament was also found to have been violated. “
President Recep Tayyip Erdogan said: “These steps are political, double standards, hypocrisy.”
Erdogan also said, “go first if you want to see respect for Turkey before the Court should examine its own contradictions.”
Speaking to the Turkish human rights lawyer from the BBC as legal for Turkey Kerem Altıparmak “This decision of the administration to” no option.
by Altıparmak said that the exact place that will not leave much doubt and discussion of the Court’s decision, to implementation, Turkey can initiate a process that would lead to drawn from among the founders of the Council of Europe.
What does the ECtHR decision say?
The decision states that the judicial authorities, who stated that “Demirtaş did not fulfill the duty to examine whether he is entitled to parliamentary immunity because of the statements he was accused of,” did not take into account that Demirtaş was one of the opposition leaders in the country.
In the referendum of April 16, 2017, it was declared that Demirtaş was a candidate for president and on June 24, 2018, when he was a presidential candidate, freedom of political debate was also restricted because he was in prison and had a negative impact on pluralism .
The decision made the following statement on the “right to quickly decide whether the detention is based on reasonable suspicion”, so it was decided that there was no violation of rights:
“It was decided that the plaintiff’s claim before the Constitutional Court was a complex issue, raising complex issues with the preventive detention of a deputy whose parliamentary immunity was lifted. It concluded that the extraordinary workload of the Constitutional Court should also be taken into account due to the state of emergency declared in July 2016. Although the period of 13 months and four days in the Constitutional Court could not be defined as ‘fast’, it was decided that this article was not violated due to the situation and special conditions of this case “.
