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In the reasoned decision of the European Court of Human Rights, as in November 2018, the grounds for Demirtaş’s arrest were found to be insufficient.
According to the news on DW Turkish, the ECHR concluded that Demirtaş was detained for political, not legal, reasons, and ruled that his right to vote and be elected was violated.
The ECHR also found that Demirtaş’s freedom of expression as a member of parliament was violated.
The court recalled Ankara’s obligation to comply with the decisions of the ECHR in accordance with Article 46 of the European Convention on Human Rights and cautioned that Demirtaş’s rights would be considered to have been “continuously violated” unless the decision is complied with.
According to the decision, Ankara will pay Demirtaş 3,500 euros in material compensation and 25,000 euros in moral compensation, as well as 31,900 euros in court costs.
“ALL ACCOUNTS WERE VOIDED”
Demirtaş’s attorney, Mahsuni Karaman, who made a statement after the decision, used the following statements:
* The Grand Chamber of the ECHR, as it should have been, decided to release Mr. Demirtaş with a historic and tough decision.
* With this decision all accusations against our client were annulled and the fact that the client had been held hostage for political reasons for 4 years was recorded.
* Following the decision of the Chamber of the ECHR, the excuse of ‘the decision is not final’ has been eliminated. This decision is final and binding. The Turkish judiciary, “against movements that force them to finish the job”, contributions to the understanding without Mr. Demirtas must publish immediately.
“VIOLATION OF THE RIGHT OF FREE CHOICE”
In the written statement made by Demirtaş’s lawyers, the following was stated for the decision of the Grand Chamber of the ECHR:
* The Grand Chamber of the ECHR was arrested on November 4, 2016 with the decision of December 22, 2020, our client Mr. Decided that Selahattin Demirtaş had been detained for political reasons and illegally as an opposition politician and requested his immediate release by Demirtaş.
* The Grand Chamber determined that the constitutional reform, which abolished immunities, was not foreseeable, the provision that established that a deputy could not be detained without the decision of the Assembly was not implemented in this case, freedom of expression and freedom were violated. the right to free elections for the speeches he made inside and outside parliament and his inability to act as a deputy.
* As is known, in its first decision of November 20, 2018, the ECHR, It decided that Demirtaş should be released immediately, but this decision was not implemented after President Erdogan’s statement that “we will take our counterattack, we will end the job”.
“THE SECOND DETENTION IS THE CONTINUATION OF THE FIRST DETENTION”
* The Grand Chamber emphasized that the second arrest on September 20, 2019 was a continuation of Demirtaş’s first arrest on November 4, 2016 and ruled that Demirtaş, who is still detained for this reason (second arrest), should be released immediately.
“MUST BE PUBLISHED AND PUBLISHED IMMEDIATELY”
* Just because Turkey is not a member of the Council of Europe of all states in terms of hosting many firsts according to this decision and it is one of the most serious violations in history, the Court decided to release him immediately and our client must be acquitted .
* We call on the government to immediately comply with the requirements of this decision, which is final and binding in accordance with article 46 of the ECHR.
HDP: ALL OUR POLITICIANS MUST BE RELEASED
In the HDP statement, “With the decision of the Grand Chamber of the ECHR, the plot against democratic politics has collapsed and the political decisions taken have become null and void. All of our politicians who were immediately taken hostage, especially Demirtaş, should be released. “
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