Higher court backs earlier judicial ruling to free Demirtas conditionally

10-09-2019
Karwan Faidhi Dri
Karwan Faidhi Dri @KarwanFaidhiDri
Tags: Peoples' Democratic Party (HDP) Selahattin Demirtas Turkey
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ERBIL, Kurdistan Region — An appeal against the decision to free Selahattin Demirtas, former leader of the pro-Kurdish Peoples’ Democratic Party (HDP), was dismissed Tuesday by a higher Turkish court, with the HDP used the ruling to renew calls for his immediate release.

The 20th Penal Court in Ankara described the decision to free Demirtas as “appropriate,” dismissing last Tuesday’s appeal by prosecutor Mehmet Fatih Ozdemir.

Ozdemir claimed there is “strong evidence proving that Demirtas had committed the crime” of “being a member of a terrorist organization.” 

The organization in question is the Kurdistan Workers’ Party (PKK) which has been involved in a nearly four decade-long, often armed conflict with the Turkish state. It is designated as a terrorist organization by Turkey and its western allies.

On September 2, the 19th Penal Court unanimously rejected the November 2016 terror charge against Demirtas that resulted in his arrest, demanding his release “if the defendant is not convicted for other crimes.” 

The HDP praised today’s ruling and renewed its call for the swift release of their former leader.

"A prosecutor's objection to the recent ruling calling for our former co-chair Selahattin Demirtas to be released from prison has been denied, and the ruling stands! Demirtas, and all HDP political prisoners must be freed as soon as possible," it tweeted.

The former HDP co-chair received a four years and eight months long sentence in September 2018 for “propagating for a terrorist organization” in his March 2013 Newroz celebration speech in Diyarbakir, where he commemorated the assassination of three Kurdish activists in Paris who were allegedly killed by Turkish intelligence (MIT).

Awaiting trial and verdict for several more terrorism-related charges - mostly for other speeches he has given – Demirtas could face an additional 142 years in jail if found guilty.

Demirtas may be eligible for parole for his September 2018 sentence, due to the time he has spent in pretrial detention for November 2016 charges. However, HDP officials have expressed pessimism about the likelihood of his release. 

Thousands of other HDP members, including fellow former HDP co-chair Figen Yuksekdag, are in jail for similar terror-related charges.
 
A new wave of clampdown against party members began with the removal of the Kurdish HDP mayors of Diyarbakir, Mardin and Van on August 19. On the same day, around 400 party members were arrested nationwide.

The HDP warned on Tuesday that their members are now being targeted at local provincial councils, saying that the ruling Justice and Development Party (AKP) is seeking council majorities by removing HDP members.
 

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