European court orders Turkey’s 'immediate release' of Demirtas

ERBIL, Kurdistan Region — Europe’s top human rights court on Tuesday ordered the ‘immediate release’ of Kurdish politician Selahattin Demirtas, imprisoned by Turkey since 2016.

The European Court of Human Rights (ECHR) found “several violations” of the European Convention on Human Rights in the case of the detention of Demirtas, former co-chair of the pro-Kurdish Peoples’ Democratic Party (HDP).

"The Court found in particular that the interferences with the applicant’s exercise of his freedom of expression – namely the lifting of Mr Demirtas’s parliamentary immunity as a result of the constitutional amendment of 20 May 2016, his initial and continued pre-trial detention, and the criminal proceedings brought against him for terrorism-related offences on the basis of evidence comprising his political speeches – had not been prescribed by law within the meaning of Article 10 of the Convention," read a post-verdict ECHR press release.

Turkey must “take all necessary measures to secure the applicant’s immediate release,” the ECHR said.

Demirtas was detained in November 2016 along with a number of other HDP officials and parliamentarians for their alleged links to the Kurdistan Workers’ Party (PKK), a Kurdish armed group struggling for the increased rights of Kurds in Turkey but classified as a terrorist organization by Ankara.  He faces up to 142 years in jail for the charges brought against him.

“Having considered all the reasons put forward by the domestic courts, the Court found that none of the decisions on the applicant’s initial and continued pre-trial detention contained evidence that could indicate a clear link between his actions – his political speeches and participation in certain lawful meetings – and the terrorism-related offences for which he had been detained,” the ECHR said.

The ECHR also ordered Turkey to pay Demirtas 60,400 euros in costs and damages.

Human Rights Watch (HRW) on Tuesday echoed the ECHR's call for Demirtas' release.

“The European Court of Human Rights’ very strong judgment confirms that the Turkish government has kept Selahattin Demirtas behind bars for political reasons,” said Hugh Williamson, HRW's Europe and Central Asia director. “The judgment demonstrates how the Erdogan presidency weaponizes detention and prosecution to remove opponents from the political scene and threatens free democratic debate.” 

“The Turkish government must act without delay and cannot disregard this judgment with specious arguments that it doesn’t apply to Demirtas’ current detention,” Williamson said.

Turkish president Recep Tayyip Erdogan said earlier this month that Demirtas would not benefit from any planned “reforms” made to the country’s judicial system, branding him a “terrorist”.

An ECHR monitor earlier this month renewed its call for Turkey to release businessman and  philanthropist Osman Kavala from “politically motivated” detention. Kavala has been in Turkish detention since October 2017, for attempting to overthrow the constitutional order in the failed 2016 coup against Erdogan.

Turkey has come under sustained fire from international human rights groups for its prolific detention of journalists, lawyers, activists and opposition figures.