Prison Sentence of Selahattin Demirtaş Taken to Constitutional Court

Click to read the article in Turkish

After the 2nd Penal Chamber of the İstanbul Regional Court of Justice upheld the prison sentence of 4 years and 8 months given to Peoples' Democratic Party (HDP) former Co-Chair Selahattin Demirtaş, his attorneys appealed to the Constitutional Court on December 31, 2018.

Making a statement on January 1, the attorneys stated, "The court should give a verdict that would protect the rule of law in the face of reckless attacks directed to Demirtaş by the executive and judiciary."

The prison sentence of 4 years and 8 months, which was given to Demirtaş on the ground of his Newroz speech dated March 20, 2013 by the İstanbul 26th Heavy Penal Court on September 7, 2018, was upheld by the court of appeal, the 2nd Chamber of the İstanbul Regional Court of Justice. Demirtaş has been behind bars in Edirne Type F Prison since November 4, 2016.

Regarding the lawsuit filed against Demirtaş by the Ankara 19th Heavy Penal Court, the European Court of Human Rights (ECtHR) ruled that "all necessary measures shall be adopted to end the pre-trial detention of Demirtaş." However, the court did not put the verdict into effect.

Reference to the ECtHR ruling in application

Appealing to the Constitutional Court against the upheld prison sentence of Demirtaş, his attorneys referred to the ruling of release pronounced by the ECtHR on November 20, 2018, reminding that his right to a fair trial and the principle of presumption of innocence, his right to a free election as well as his freedom of expression have been violated.

In its ruling, the ECtHR also emphasized that the pre-rial detention of Demirtaş "pursued the predominant ulterior purpose of stifling pluralism and limiting the freedom of political debate."

"The application should be urgently concluded"

Shortly after the ECtHR ruling on Selahattin Demirtaş was announced, President and Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan said, "The judgements of the ECtHR are not binding for us. We will make our counter-move and close the deal."

In their statement, the attorneys of Demirtaş also indicated that President Erdoğan met the Ankara Chief Public Prosecutor on the day when the ECtHR verdict was pronounced.

The attorneys added, "It has been understood that what Erdoğan meant by 'counter-move' was that the court of appeal upheld the prison sentence of 4 years and 8 months given to Demirtaş on charge of 'propagandizing for a terrorist organization', thereby invalidating the ECtHR ruling."

Pointing to "the possibility that any ruling of violation that could be given by the ECtHR or the Constitutional Court might be invalidated by another criminal sentence," his attorneys emphasized that "Demirtaş is face to face with a systematic threat of penalty."

Attorneys also stated that their application to the Constitutional Court "should be urgently considered and concluded." (AS/SD)