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European Court of Human Rights, former HDP Co-Chair who has been detained for four years Selahattin demirtaşHe decided that his detention should be lifted immediately.
The Grand Chamber ruled that Demirtaş’s arrest, more for political than legal reasons, violated four articles of the European Convention on Human Rights.
Reactions to the expected decision were in line with expectations. President ErdoganIn a statement he made at the AKP FMC, he harshly criticized both the decision and the court and delivered his last word:
– This decision does not oblige us.
Opposition parties and legal experts on the matter opposed Erdogan’s words, criticized the AKP and shared their common views:
– The decision binds Demirtas Turkey and must be released immediately.
Before examining the views of the parties, it is necessary to emphasize a difficulty that we have always faced on similar issues.
It is impossible to properly discuss legal issues with AKP or Tayyip Bey.
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The experience and mentality of the AKP is not adequate to carry out such a debate without exceeding legal criteria. From time to time, legal concepts and institutions are mixed with political attitudes. For example, Recep Tayyip Bey, all domestic legal remedies of the Court’s decision objected saying that the being terminated by inevitably people, the state of the judiciary in Turkey (for example, finally the proximity of Erdogan and known to everyone since the law, the former Istanbul chief prosecutor assigned to aym’y yes He thinks about the appointment, not the elections, but he can’t help but ask the following question:What legal remedies, law and jurisdiction?“
Furthermore, as indicated in the decision and as all those who think are in consensus, since the state of detention in the case is the result of political reasons, not legal, the detention will inevitably include political effects in the relevant decision.
It is inevitable that political factors will also play a role in such cases, as in constitutional review.
We have to highlight these issues is a fact that cannot be denied without losing sight: getting the locals, foreigners hoist all with the detention institutions in Turkey this extrajudicial power is coupled used in executions turned into a tool of punishment.
Beyond that, it makes no sense to participate in the AKP’s discussion on the content of the ECHR ruling, like those who say that this decision does not bind us.
Due to an amendment to the constitution made in 1989, according to the method mentioned in article 90, the international treaty law was promulgated is article 46 of the treaty and Turkey, approved on 09.25.1989 “Binding and enforcement of provisionsAccording to the new article 46 entitled “”The High Contracting Parties undertake to submit to the final judgment of the court in any case to which they are a party.“
This is reflected in the decision of the Court of Links with Turkey. Link the decision, whether we like it or not.
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In this case, what will happen if Demirtaş is not released immediately?
As seen above, the membership of the Council of Europe, which does not recognize the decision of the ECHR, is suspended first and then terminated.
Turkey’s decision did not like the Council of Europe only if the recognition and relations with the EU will not only be affected very negatively, also at a time when it began to be even to debate our membership of NATO, it will be it will tackle starting in relations with the West, it will reform itself.
Extremely careless and pursuing a policy that appears to have lost the reins from the AKP’s hands across the board, it puts Turkey in its final moments at a major turning point.
2021 is a candidate for very difficult times.
