20 de nov. 2018

European Court of Human Rights: judgment on Selahattin Demirtaş M.P.

Press Release dated 20 November 2018  on the ECHR judgment ordering the termination of the pre-trial detention Kurdish leader Selahattin Demirtaş.
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European Court of Human Rights
Press Relese issued by the Registrar of the Court
ECHR 395 (2018)
20.11.2018

"The Court finds several violations of the Convention and orders the termination of the pre-trial detention of opposition politician Selahattin Demirtaş


In today's Chamber judgment in the case of Selahattin Demirtaş v. Turkey (No. 2) (application no. 14305/17) the European Court of Human Rights held, unanimously, that there had been: 
  • no violation of Article 5 §1 (right to liberty and security) of the European Convention on Human Rights,
  • a violation of Article 5 §3 (right to be brought promptly before a judge) of the Convention, 
  • no violation of Article 5 §4 (right to a speedy review of the lawfulness of detention),
  • a violation of Article 3 of Protocol No. 1 (right to free elections);
and, by six votes to one, that there had been: 
  • a violation of Article 18 (limitation on use of restrictions on rights) in conjunction with Article 5 §3.
The case concerned the arrest and pre-trial detention of Mr Selahattin Demirtaş, who at the time of the events was one of the co-chairs of the Peoples' Democratic Party (HDP), a left-wing pro-Kurdish political party.
The Court accepted that Mr Demirtaş had been arrested and detained on "reasonable suspicion" of having committed a criminal offence. However, having regard to the reasons given by the national courts, the Court found that the judicial authorities had extended Mr Demirtaş's detention on grounds that could not be regarded as "sufficient" to justify its duration. 

Although Mr Demirtaş had retained his status as a member of parliament throughout his term of office, the Court found that his inability to take part in the activities of the National Assembly as a result of his pre-trial detention constituted an unjustified interference with the free expression of the opinion of the people and with his right to be elected and to sit in Parliament. 

The Court found that it had been established beyond reasonable doubt that the extensions of Mr Demirtaş's detention, especially during two crucial campaigns, namely the referendum and the presidential election, had pursued the predominant ulterior purpose of stifling pluralism and limiting freedom of political debate, which was at the very core of the concept of a democratic society.
The Court therefore held, unanimously that the respondent State was to take all necessary measures to put an end to the applicants pre-trial detention."

...ooo000ooo...
... The court awarded Demirtaş 10,000 euros ($11,430) in damages and a further 15,000 euros in costs.

https://eldh.eu/en/2018/11/21/recent-decisions-of-the-european-courts-concerning-turkey/

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